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San Francisco Overview
San Francisco Charter
San Francisco Administrative Code
ADMINISTRATIVE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ADMINISTRATIVE CODE
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: BOARD OF SUPERVISORS
CHAPTER 2A: EXECUTIVE BRANCH
CHAPTER 2B: ASSESSMENT APPEALS BOARDS (TAX APPEAL BOARDS)
CHAPTER 3: BUDGET PROCEDURES
CHAPTER 4: CITY BUILDINGS, EQUIPMENT, AND VEHICLES
CHAPTER 5: COMMITTEES
CHAPTER 6: PUBLIC WORKS CONTRACTING POLICIES AND PROCEDURES
CHAPTER 7: DISASTER COUNCIL
CHAPTER 8: DOCUMENTS, RECORDS AND PUBLICATIONS
CHAPTER 9A: FARMERS' MARKET
CHAPTER 9B: FLEA MARKET
CHAPTER 10: FINANCE, TAXATION, AND OTHER FISCAL MATTERS
CHAPTER 10B: SPECIAL LAW ENFORCEMENT AND PUBLIC WORKS SERVICES
CHAPTER 10C: REIMBURSEMENT FOR TOWING AND STORAGE OF VEHICLES
CHAPTER 10E: PLANNING MONITORING
CHAPTER 10F: 1660 MISSION STREET SURCHARGE
CHAPTER 10G: BOARD OF APPEALS SURCHARGE FOR PERMITS AND FEES
CHAPTER 10H: RECOVERY OF COSTS OF EMERGENCY RESPONSE
CHAPTER 11: FRANCHISES
CHAPTER 12: HOUSING AUTHORITY
CHAPTER 12A: HUMAN RIGHTS COMMISSION
CHAPTER 12B: NONDISCRIMINATION IN CONTRACTS
CHAPTER 12C: NONDISCRIMINATION IN PROPERTY CONTRACTS
CHAPTER 12D: MINORITY/WOMEN/LOCAL BUSINESS UTILIZATION
CHAPTER 12E: CITY EMPLOYEE'S SEXUAL PRIVACY ORDINANCE
CHAPTER 12F: IMPLEMENTING THE MACBRIDE PRINCIPLES - NORTHERN IRELAND
CHAPTER 12G: PROHIBITION ON USE OF PUBLIC FUNDS FOR POLITICAL ACTIVITY BY RECIPIENTS OF CITY CONTRACTS, GRANTS, AND LOANS
CHAPTER 12H: IMMIGRATION STATUS
CHAPTER 12I: CIVIL IMMIGRATION DETAINERS
CHAPTER 12J: CITY BUSINESS WITH BURMA PROHIBITED
CHAPTER 12K: SALARY HISTORY*
CHAPTER 12L: PUBLIC ACCESS TO RECORDS AND MEETINGS OF NONPROFIT ORGANIZATIONS
CHAPTER 12M: PROTECTION OF PRIVATE INFORMATION*
CHAPTER 12N: LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, AND QUESTIONING YOUTH: YOUTH SERVICES SENSITIVITY TRAINING
CHAPTER 12O: EARNED INCOME CREDIT INFORMATION
CHAPTER 12P: MINIMUM COMPENSATION
CHAPTER 12Q: HEALTH CARE ACCOUNTABILITY
CHAPTER 12R: MINIMUM WAGE
CHAPTER 12S: WORKING FAMILIES CREDIT PROGRAM
CHAPTER 12T: CITY CONTRACTOR/SUBCONTRACTOR CONSIDERATION OF CRIMINAL HISTORY IN HIRING AND EMPLOYMENT DECISIONS
CHAPTER 12U: SWEATFREE CONTRACTING
CHAPTER 12V: PERSONAL SERVICES MINIMUM CONTRACTUAL RATE ORDINANCE
CHAPTER 12W: SICK LEAVE*
CHAPTER 12X: PROHIBITING CITY TRAVEL AND CONTRACTING IN STATES THAT ALLOW DISCRIMINATION*
CHAPTER 12Y: SAN FRANCISCO SLAVERY DISCLOSURE ORDINANCE*
CHAPTER 12Z: SAN FRANCISCO FAMILY FRIENDLY WORKPLACE ORDINANCE
CHAPTER 13: JAILS AND PRISONERS
CHAPTER 14: SAN FRANCISCO HEALTH CARE SECURITY ORDINANCE
CHAPTER 14A: DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
CHAPTER 14B: LOCAL BUSINESS ENTERPRISE UTILIZATION AND NON-DISCRIMINATION IN CONTRACTING ORDINANCE
CHAPTER 14C: [EXPIRED]
CHAPTER 15: MENTAL HEALTH SERVICE
CHAPTER 16: OFFICERS AND EMPLOYEES GENERALLY
CHAPTER 17: PUBLIC OFF-STREET PARKING FACILITIES
CHAPTER 18: PAYROLL PROCEDURE
CHAPTER 19. COMMUNITY SAFETY CAMERA ORDINANCE
CHAPTER 19A: PUBLIC HEALTH
CHAPTER 19B: ACQUISITION OF SURVEILLANCE TECHNOLOGY
CHAPTER 20: SOCIAL SERVICES
CHAPTER 21: ACQUISITION OF COMMODITIES AND SERVICES
CHAPTER 21A: HEALTH-RELATED COMMODITIES AND SERVICES
CHAPTER 21B: COMMODITIES AND SERVICES RELATING TO PROJECTS ADDRESSING HOMELESSNESS
CHAPTER 21C: MISCELLANEOUS PREVAILING WAGE REQUIREMENTS
CHAPTER 21D: [RESERVED]
CHAPTER 21E: [RESERVED]
CHAPTER 21F: [RESERVED]
CHAPTER 21G: [RESERVED]
CHAPTER 22: RADIO COMMUNICATION FACILITIES
CHAPTER 22A: INFORMATION AND COMMUNICATION TECHNOLOGY
CHAPTER 22B: TELECOMMUNICATIONS FACILITIES
CHAPTER 22C: PUBLIC INTERNET ACCESS
CHAPTER 22D: OPEN DATA POLICY
CHAPTER 22E: CITY-OWNED FIBER-OPTIC FACILITIES
CHAPTER 22G: OFFICE OF EMERGING TECHNOLOGY
CHAPTER 23: REAL PROPERTY TRANSACTIONS
CHAPTER 23A: SURPLUS PUBLIC LANDS ORDINANCE
CHAPTER 24: REDEVELOPMENT AGENCY
CHAPTER 24A: ADMINISTRATIVE STRUCTURE LOCAL RENT SUPPLEMENT PROGRAM IN THE OFFICE OF MAYOR
CHAPTER 24B: RELOCATION APPEALS BOARD
CHAPTER 25: STREET LIGHTING
CHAPTER 26. DEEMED APPROVED OFF-STREET ALCOHOL USE NUISANCE REGULATIONS
CHAPTER 27: HEALTHY NAIL SALON RECOGNITION PROGRAM
CHAPTER 28: ADMINISTRATIVE DEBARMENT PROCEDURE
CHAPTER 29: FINDINGS OF FISCAL RESPONSIBILITY AND FEASIBILITY
CHAPTER 29A: [APPROVAL OF POWER PLANT; PLANNING CODE SEC.
CHAPTER 29B: CHILD CARE FEASIBILITY STUDY FOR CITY AND CITY-FUNDED PROJECTS
CHAPTER 30: CENTRALIZATION OF WORKFORCE DEVELOPMENT
CHAPTER 31: CALIFORNIA ENVIRONMENTAL QUALITY ACT PROCEDURES AND FEES
CHAPTER 32: RESIDENTIAL REHABILITATION LOAN PROGRAM
CHAPTER 33: COMMISSION ON THE STATUS OF WOMEN
CHAPTER 33A: LOCAL IMPLEMENTATION OF THE UNITED NATIONS CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW)*
CHAPTER 34: NOTIFICATION TO ASSESSOR CONCERNING ZONING RECLASSIFICATIONS OF PROPERTY, CONDITIONAL USE PERMITS AND VARIANCES
CHAPTER 35: RESIDENTIAL, HOTEL, AND PDR COMPATIBILITY AND PROTECTION
CHAPTER 36: COMMUNITY IMPROVEMENTS AREA PLANS AND PROGRAMS
CHAPTER 37: RESIDENTIAL RENT STABILIZATION AND ARBITRATION ORDINANCE
CHAPTER 37A: RENT STABILIZATION AND ARBITRATION FEE
CHAPTER 38: COMMERCIAL LANDLORDS; ACCESS IMPROVEMENT OBLIGATIONS AND NOTICE TO SMALL BUSINESS TENANTS REGARDING DISABILITY ACCESS
CHAPTER 39: [RIGHT TO RETURN TO REVITALIZED PUBLIC HOUSING]
CHAPTER 40: HOUSING CODE ENFORCEMENT LOAN PROGRAM
CHAPTER 41: RESIDENTIAL HOTEL UNIT CONVERSION AND DEMOLITION
CHAPTER 41A: RESIDENTIAL UNIT CONVERSION AND DEMOLITION
CHAPTER 41B: COMMUNITY OPPORTUNITY TO PURCHASE ACT
CHAPTER 41C: TIME-SHARE CONVERSION ORDINANCE
CHAPTER 41D: RESIDENTIAL HOTEL VISITOR POLICIES
CHAPTER 41E. RESIDENTIAL HOTEL MAIL RECEPTACLE ORDINANCE
CHAPTER 41F: TOURIST HOTEL CONVERSION*
CHAPTER 42: INDUSTRIAL DEVELOPMENT AUTHORITY
CHAPTER 43: MUNICIPAL FINANCE LAW
CHAPTER 44: ADULT DAY HEALTH CARE PLANNING COUNCIL
CHAPTER 45: JURY FEES
CHAPTER 47: PREFERENCE IN CITY AFFORDABLE HOUSING PROGRAMS
CHAPTER 48: RENTAL SUBSIDY PROGRAM FOR LOW-INCOME FAMILIES
CHAPTER 49: SECURITY DEPOSITS FOR RESIDENTIAL RENTAL PROPERTY
CHAPTER 49A: RESIDENTIAL TENANT COMMUNICATIONS
CHAPTER 49B: RESIDENTIAL RENTAL UNITS: LOCK REPLACEMENTS BY LANDLORD WHEN TENANTS VACATE
CHAPTER 50: NONPROFIT PERFORMING ARTS LOAN PROGRAM
CHAPTER 51: VOLUNTARY ARTS CONTRIBUTIONS PROGRAM
CHAPTER 52: SAN FRANCISCO CARBON MITIGATION PROGRAM
CHAPTER 53: URBAN AGRICULTURE
CHAPTER 53A: URBAN AGRICULTURE INCENTIVE ZONES ACT PROCEDURES
CHAPTER 54: SOUTHEAST COMMUNITY FACILITY COMMISSION
CHAPTER 56: DEVELOPMENT AGREEMENTS
CHAPTER 57: FILM COMMISSION
CHAPTER 58: RIGHT TO COUNSEL IN CIVIL MATTERS
CHAPTER 59: HEALTHY FOOD RETAILER ORDINANCE
CHAPTER 60: ASSISTED HOUSING PRESERVATION ORDINANCE
CHAPTER 61: WATERFRONT LAND USE
CHAPTER 62: DOMESTIC PARTNERSHIPS
CHAPTER 63: WATER EFFICIENT IRRIGATION ORDINANCE*
CHAPTER 64: CITY EMPLOYEE AND CITY CONTRACTOR SAFETY AND HEALTH
CHAPTER 65: RENT REDUCTION AND RELOCATION PLAN FOR TENANTS INCONVENIENCED BY SEISMIC WORK PERFORMED PURSUANT TO CHAPTERS 14 AND 15 OF THE SAN FRANCISCO BUILDING CODE
CHAPTER 65A: COMPENSATION, OR SUBSTITUTE HOUSING SERVICE, FOR TENANTS AFFECTED BY TEMPORARY SEVERANCE OF SPECIFIED HOUSING SERVICES DURING MANDATORY SEISMIC WORK REQUIRED BY BUILDING CODE CHAPTER 34B
CHAPTER 66: SEISMIC SAFETY RETROFIT PROGRAM
CHAPTER 67: THE SAN FRANCISCO SUNSHINE ORDINANCE OF 1999
CHAPTER 67A: CELL PHONES, PAGERS AND SIMILAR SOUND-PRODUCING ELECTRICAL DEVICES
CHAPTER 68: CULTURAL EQUITY ENDOWMENT FUND
CHAPTER 69: SAN FRANCISCO HEALTH AUTHORITY
CHAPTER 70: IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY
CHAPTER 71: MILLS ACT CONTRACT PROCEDURES
CHAPTER 72: RELOCATION ASSISTANCE FOR LEAD HAZARD REMEDIATION
CHAPTER 74: RENT ESCROW ACCOUNT PROGRAM
CHAPTER 77: BUILDING INSPECTION COMMISSION APPEALS
CHAPTER 78: DEPARTMENT OF BUILDING INSPECTION PERMIT TRACKING SYSTEM
CHAPTER 79: PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 79A: ADDITIONAL PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 80: ANTI-BLIGHT ENFORCEMENT PROCEDURE
CHAPTER 80A: ORDERS TO VACATE DUE TO HAZARDOUS HOUSING CONDITIONS
CHAPTER 82: LOCAL HIRING POLICY FOR CONSTRUCTION
CHAPTER 83: FIRST SOURCE HIRING PROGRAM
CHAPTER 84: SAN FRANCISCO RESIDENTIAL RENT ASSISTANCE PROGRAM FOR PERSONS DISQUALIFIED FROM FEDERAL RENT SUBSIDY PROGRAMS BY THE FEDERAL QUALITY HOUSING AND WORK RESPONSIBILITY ACT OF 1998 (QHWRA)
CHAPTER 86: CHILDREN AND FAMILIES FIRST COMMISSION
CHAPTER 87: FAIR HOUSING IMPLEMENTATION ORDINANCE
CHAPTER 88: PERFORMANCE AND REVIEW ORDINANCE OF 1999
CHAPTER 89: DEPARTMENT OF CHILD SUPPORT SERVICES
CHAPTER 90: ENTERTAINMENT COMMISSION
CHAPTER 90A: PROMOTING AND SUSTAINING MUSIC AND CULTURE
CHAPTER 91: LANGUAGE ACCESS
CHAPTER 92: REAL ESTATE LOAN COUNSELING AND EDUCATION
CHAPTER 93: PREGNANCY INFORMATION DISCLOSURE AND PROTECTION ORDINANCE
CHAPTER 94: THE SAN FRANCISCO PLAZA PROGRAM
CHAPTER 94A: THE SAN FRANCISCO PLACES FOR PEOPLE PROGRAM
CHAPTER 95: IDENTIFICATION CARDS
CHAPTER 96: COORDINATION BETWEEN THE POLICE DEPARTMENT AND THE DEPARTMENT OF POLICE ACCOUNTABILITY
CHAPTER 96A: LAW ENFORCEMENT REPORTING REQUIREMENTS
CHAPTER 96B: POLICY MAKING MARIJUANA OFFENSES THE LOWEST LAW ENFORCEMENT PRIORITY
CHAPTER 96C: POLICE INTERROGATION OF YOUTH - JEFF ADACHI YOUTH RIGHTS ORDINANCE
CHAPTER 97: HEALTHCARE IMPACT REPORTS
CHAPTER 98: THE BETTER STREETS POLICY
CHAPTER 99: PUBLIC POWER IN NEW CITY DEVELOPMENTS
CHAPTER 100: PROCEDURES GOVERNING THE IMPOSITION OF ADMINISTRATIVE FINES
CHAPTER 101: RESTRICTING THE PURCHASE, SALE, OR DISTRIBUTION OF SUGAR-SWEETENED BEVERAGES BY OR FOR THE CITY
CHAPTER 102: OUR CHILDREN, OUR FAMILIES COUNCIL
CHAPTER 103: NON-COOPERATION WITH IDENTITY-BASED REGISTRY ORDINANCE
CHAPTER 104: COLLECTION OF SEXUAL ORIENTATION AND GENDER IDENTITY DATA
CHAPTER 105: CIGARETTE LITTER ABATEMENT FEE ORDINANCE
CHAPTER 106: CITY NAVIGATION CENTERS
CHAPTER 107: CULTURAL DISTRICTS
CHAPTER 107A: AFRICAN AMERICAN ARTS AND CULTURAL DISTRICT
CHAPTER 107B: CASTRO LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND QUEER (LGBTQ) CULTURAL DISTRICT
CHAPTER 109: PRIORITIZING 100% AFFORDABLE HOUSING
CHAPTER 115: AUTOMATED POINT OF SALE STATION REGISTRATION AND INSPECTION ORDINANCE
CHAPTER 116: COMPATIBILITY AND PROTECTION FOR RESIDENTIAL USES AND PLACES OF ENTERTAINMENT
CHAPTER 117: COOPERATIVE LIVING OPPORTUNITIES FOR MENTAL HEALTH PROGRAM
CHAPTER 119: SAFE PARKING PROGRAMS
CHAPTER 120: ADMINISTRATION OF AFFORDABLE HOUSING FUNDS
CHAPTER 121: CLOSURE OF JUVENILE HALL
APPENDIX: Table of Initiative Ordinances and Policy Declarations
References to Ordinances
San Francisco Business and Tax Regulations Code
BUSINESS AND TAX REGULATIONS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE BUSINESS AND TAX REGULATIONS CODE
ARTICLE 1: PERMIT PROCEDURES
ARTICLE 2: LICENSE FEES
ARTICLE 3: [REPEALED]
ARTICLE 4: [RESERVED]
ARTICLE 5: ELECTRICAL MUSICAL DEVICES
ARTICLE 6: COMMON ADMINISTRATIVE PROVISIONS
ARTICLE 7: TAX ON TRANSIENT OCCUPANCY OF HOTEL ROOMS
ARTICLE 8: SUGARY DRINKS DISTRIBUTOR TAX ORDINANCE
ARTICLE 9: TAX ON OCCUPANCY OF PARKING SPACE IN PARKING STATIONS
ARTICLE 10: UTILITY USERS TAX
ARTICLE 10B: ACCESS LINE TAX
ARTICLE 11: STADIUM OPERATOR ADMISSION TAX
ARTICLE 12: BUSINESS REGISTRATION
ARTICLE 12-A: PAYROLL EXPENSE TAX ORDINANCE
ARTICLE 12-A-1: GROSS RECEIPTS TAX ORDINANCE
ARTICLE 12-B: BUSINESS TAX REFUND
ARTICLE 12B-1: NEIGHBORHOOD BEAUTIFICATION AND GRAFFITI CLEAN-UP FUND TAX OPTION
ARTICLE 12-C: REAL PROPERTY TRANSFER TAX
ARTICLE 12-D: UNIFORM LOCAL SALES AND USE TAX
ARTICLE 13: CONNECTIONS TO THE POLICE DEPARTMENT TERMINAL ALARM PANEL
ARTICLE 14: TRANSPORTATION AUTHORITY
ARTICLE 15: BUSINESS IMPROVEMENT DISTRICTS PROCEDURE CODE
ARTICLE 15A: PUBLIC REALM LANDSCAPING, IMPROVEMENT AND MAINTENANCE ASSESSMENT DISTRICTS ("GREEN BENEFIT DISTRICTS")
ARTICLE 16: LIVING WAGE FOR EDUCATORS PARCEL TAX
ARTICLE 17: BUSINESS TAX PENALTY AMNESTY PROGRAM
ARTICLE 20: FINANCIAL INFORMATION PRIVACY ORDINANCE
ARTICLE 21: EARLY CARE AND EDUCATION COMMERCIAL RENTS TAX ORDINANCE
ARTICLE 22: PARKING STATIONS; REVENUE CONTROL EQUIPMENT
ARTICLE 23: VEHICLE REGISTRATION FEE EXPENDITURE PLAN
ARTICLE 28: HOMELESSNESS GROSS RECEIPTS TAX ORDINANCE
ARTICLE 32: TRAFFIC CONGESTION MITIGATION TAX
References to Ordinances
San Francisco Campaign and Governmental Conduct Code
San Francisco Environment Code
ENVIRONMENT CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ENVIRONMENT CODE
CHAPTER 1: PRECAUTIONARY PRINCIPLE POLICY STATEMENT
CHAPTER 2: ENVIRONMENTALLY PREFERABLE PURCHASING ORDINANCE
CHAPTER 3: INTEGRATED PEST MANAGEMENT PROGRAM
CHAPTER 4: HEALTHY AIR AND CLEAN TRANSPORTATION PROGRAM
CHAPTER 5: RESOURCE CONSERVATION ORDINANCE
CHAPTER 7: GREEN BUILDING REQUIREMENTS FOR CITY BUILDINGS
CHAPTER 8: TROPICAL HARDWOOD AND VIRGIN REDWOOD BAN
CHAPTER 9: GREENHOUSE GAS EMISSIONS TARGETS AND DEPARTMENTAL ACTION PLANS
CHAPTER 10: TRANSPORTATION OF AGGREGATE MATERIALS
CHAPTER 11: CELL PHONE DISCLOSURE REQUIREMENTS
CHAPTER 12: URBAN FORESTRY COUNCIL
CHAPTER 13: ARSENIC-TREATED WOOD
CHAPTER 14: CONSTRUCTION AND DEMOLITION DEBRIS RECOVERY ORDINANCE*
CHAPTER 15: GREEN BUSINESS PROGRAM
CHAPTER 16: FOOD SERVICE AND PACKAGING WASTE REDUCTION ORDINANCE
CHAPTER 17: PLASTIC BAG REDUCTION ORDINANCE
CHAPTER 18: SOLAR ENERGY INCENTIVE PROGRAM
CHAPTER 19: MANDATORY RECYCLING AND COMPOSTING
CHAPTER 20: EXISTING BUILDINGS ENERGY PERFORMANCE
CHAPTER 21: CLEAN ENERGY FULL DISCLOSURE ORDINANCE
CHAPTER 22: SAFE DRUG DISPOSAL
CHAPTER 23: DRINK TAP ORDINANCE
CHAPTER 24: BOTTLED DRINKING WATER
CHAPTER 25: CLEAN CONSTRUCTION REQUIREMENTS FOR PUBLIC WORKS
CHAPTER 26: BETTER ROOF REQUIREMENTS
CHAPTER 27: ANTIBIOTIC USE IN FOOD ANIMALS
CHAPTER 28: FLAME RETARDANT CHEMICALS IN UPHOLSTERED FURNITURE AND JUVENILE PRODUCTS
CHAPTER 29: ELECTRIC VEHICLE READINESS IMPLEMENTATION*
CHAPTER 30: RENEWABLE ENERGY FOR COMMERCIAL BUILDINGS
CHAPTER 31: ELECTRIC VEHICLE AND CHARGING IN COMMERCIAL PARKING LOTS AND GARAGES*
References to Ordinances
San Francisco Fire Code
San Francisco Health Code
HEALTH CODE
THE SAN FRANCISCO CODES
PREFACE TO THE HEALTH CODE
ARTICLE 1: ANIMALS
ARTICLE 1A: ANIMAL SACRIFICE
ARTICLE 1B: PERFORMANCE OF WILD OR EXOTIC ANIMALS FOR PUBLIC ENTERTAINMENT OR AMUSEMENT
ARTICLE 1C: SALE OF ANIMALS
ARTICLE 1D: ANIMAL FUR PRODUCTS
ARTICLE 2: COMMUNICABLE DISEASES
ARTICLE 3: HOSPITALS
ARTICLE 4: DECEASED PERSONS
ARTICLE 5: PUBLIC HEALTH - GENERAL
ARTICLE 6: GARBAGE AND REFUSE
ARTICLE 7: LAUNDRIES
ARTICLE 8: FOOD AND FOOD PRODUCTS
ARTICLE 8A: CANNABIS CONSUMPTION PERMITS
ARTICLE 9: DAIRY AND MILK CODE
ARTICLE 10: MEAT AND MEAT PRODUCTS
ARTICLE 11: NUISANCES
ARTICLE 11A: BED BUG INFESTATION PREVENTION, TREATMENT, DISCLOSURE, AND REPORTING
ARTICLE 12: SANITATION - GENERAL
ARTICLE 12A: BACKFLOW PREVENTION
ARTICLE 12B: SOIL BORING AND WELL REGULATIONS
ARTICLE 12C: ALTERNATE WATER SOURCES FOR NON-POTABLE APPLICATIONS
ARTICLE 14: AMBULANCES AND ROUTINE MEDICAL TRANSPORT VEHICLES
ARTICLE 15: PUBLIC SWIMMING POOLS
ARTICLE 16: REGULATING THE USE OF 'ECONOMIC POISONS'
ARTICLE 17: DISPOSAL OF UNCLAIMED PERSONAL PROPERTY AT SAN FRANCISCO GENERAL HOSPITAL
ARTICLE 18: PROVIDING FOR ISSUANCE OF CITATIONS TO VIOLATORS
ARTICLE 19: SMOKING POLLUTION CONTROL
ARTICLE 19A: REGULATING SMOKING IN EATING ESTABLISHMENTS [SUSPENDED]
ARTICLE 19B: REGULATING SMOKING IN SHARED OFFICE WORKPLACE [SUSPENDED]
ARTICLE 19C: REGULATING SMOKING IN PUBLIC PLACES AND IN HEALTH, EDUCATIONAL AND CHILD CARE FACILITIES [SUSPENDED]
ARTICLE 19D: PROHIBITING CIGARETTE VENDING MACHINES
ARTICLE 19E: PROHIBITING SMOKING IN PLACES OF EMPLOYMENT AND CERTAIN SPORTS ARENAS [SUSPENDED]
ARTICLE 19F: PROHIBITING SMOKING IN ENCLOSED AREAS, CERTAIN UNENCLOSED AREAS, AND SPORTS STADIUMS
ARTICLE 19G: ENFORCEMENT OF SMOKING PROHIBITIONS
ARTICLE 19H: PERMITS FOR THE SALE OF TOBACCO
ARTICLE 19I: PROHIBITING SMOKING IN CITY PARK AND RECREATIONAL AREAS AND FARMERS' MARKETS
ARTICLE 19J: PROHIBITING PHARMACIES FROM SELLING TOBACCO PRODUCTS
ARTICLE 19K: PROHIBITING SALES OF TOBACCO PRODUCTS ON PROPERTY OWNED BY OR UNDER THE CONTROL OF THE CITY AND COUNTY OF SAN FRANCISCO
ARTICLE 19L: PROHIBITING SMOKING AT CERTAIN OUTDOOR EVENTS
ARTICLE 19M: DISCLOSURE TO PROSPECTIVE RESIDENTIAL TENANTS OF WHETHER A UNIT IS SMOKE FREE OR SMOKING OPTIONAL, AND INFORMING EXISTING RESIDENTIAL TENANTS WHERE SMOKING IS OPTIONAL
ARTICLE 19N: ELECTRONIC CIGARETTES - RESTRICTIONS ON SALE AND USE
ARTICLE 19O: [SMOKELESS TOBACCO - USE PROHIBITED AT ATHLETIC VENUES]
ARTICLE 19P: PROHIBITING THE SALE OF TOBACCO PRODUCTS TO PERSONS AGED 18, 19, OR 20
ARTICLE 19Q: PROHIBITING THE SALE OF FLAVORED TOBACCO PRODUCTS
ARTICLE 19R: PROHIBITING THE SALE OF ELECTRONIC CIGARETTES LACKING FOOD AND DRUG ADMINISTRATION PREMARKET APPROVAL
ARTICLE 19S: PROHIBITING THE SALE AND DISTRIBUTION OF TOBACCO PRODUCTS IN SAN FRANCISCO
ARTICLE 20: ALKYL NITRITES
ARTICLE 21: HAZARDOUS MATERIALS
ARTICLE 21A: RISK MANAGEMENT PROGRAM
ARTICLE 22: HAZARDOUS WASTE MANAGEMENT
ARTICLE 22A: ANALYZING SOILS FOR HAZARDOUS WASTE
ARTICLE 22B: CONSTRUCTION DUST CONTROL REQUIREMENTS
ARTICLE 23: VIDEO DISPLAY TERMINAL WORKER SAFETY
ARTICLE 24: CHLOROFLUOROCARBON RECOVERY AND RECYCLING
ARTICLE 25: MEDICAL WASTE GENERATOR REGISTRATION, PERMITTING, INSPECTIONS AND FEES
ARTICLE 26: COMPREHENSIVE ENVIRONMENTAL LEAD POISONING INVESTIGATION, MANAGEMENT AND ENFORCEMENT PROGRAM
ARTICLE 27: HEALTH SERVICE SYSTEM AGREEMENT
ARTICLE 28: MEDICAL CANNABIS USER AND PRIMARY CAREGIVER IDENTIFICATION CARDS
ARTICLE 29: LICENSING AND REGULATION OF MASSAGE PRACTITIONERS AND MASSAGE BUSINESSES
ARTICLE 30: REGULATION OF DIESEL BACKUP GENERATORS
ARTICLE 31: HUNTERS POINT SHIPYARD
ARTICLE 32: DISEASE PREVENTION DEMONSTRATION PROJECT
ARTICLE 33: MEDICAL CANNABIS ACT
ARTICLE 34: HEALTHY PRODUCTS, HEALTHY CHILDREN ORDINANCE
ARTICLE 35: BIOLOGICAL AGENT DETECTORS
ARTICLE 36: CHILD COUGH AND COLD MEDICINE WARNING ORDINANCE
ARTICLE 37: TRANS FAT FREE RESTAURANT PROGRAM ORDINANCE
ARTICLE 38: ENHANCED VENTILATION REQUIRED FOR URBAN INFILL SENSITIVE USE DEVELOPMENTS
ARTICLE 39: COMMERCIAL DOG WALKING
ARTICLE 40: SAFE BODY ART
ARTICLE 41: MENTAL HEALTH
ARTICLE 42: SUGAR-SWEETENED BEVERAGES
ARTICLE 43: SURPLUS MEDICATION REPOSITORY AND DISTRIBUTION
ARTICLE 45: CITY-OPERATED ADULT RESIDENTIAL FACILITY
References to Ordinances
San Francisco Municipal Elections Code
San Francisco Park Code
San Francisco Planning Code
San Francisco Zoning Maps
San Francisco Police Code
POLICE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE POLICE CODE
ARTICLE 1: PUBLIC NUISANCES
ARTICLE 1.1: REGULATING THE USE OF VEHICLES FOR HUMAN HABITATION
ARTICLE 1.2 DISCRIMINATION IN HOUSING AGAINST FAMILIES WITH MINOR CHILDREN
ARTICLE 1.3: TEMPORARY MORATORIUM ON RENTAL INCREASES RENT ROLLBACK BASED UPON APRIL 15, 1979, RENTAL RATES AND REFUNDING ANY RENT INCREASES
ARTICLE 1.5: DISPLAY OF LIFE AND PROPERTY CONSERVATION DECALS
ARTICLE 2: DISORDERLY CONDUCT
ARTICLE 3: GAMES OF CHANCE
ARTICLE 4: PARADES
ARTICLE 4.5: FUNERAL PROCESSION ESCORTS
ARTICLE 5: OFFENSIVE POWDERS
ARTICLE 6: FRAUD AND DECEIT
ARTICLE 7: ANIMALS AND BIRDS
ARTICLE 7.1: HORSE-DRAWN VEHICLES
ARTICLE 8: MINORS
ARTICLE 9: MISCELLANEOUS CONDUCT REGULATIONS
ARTICLE 9.5: PROHIBITING OF PROFESSIONAL STRIKEBREAKERS
ARTICLE 9.6: REGULATIONS FOR SOLICITATION FOR CHARITABLE PURPOSES
ARTICLE 10: REGULATIONS FOR ADVERTISING
ARTICLE 10.1: REGULATING EXPOSURE OF PHOTOGRAPHS, CARTOONS OR DRAWINGS ON NEWSRACKS
ARTICLE 10.2: REGULATION OF COMPUTER RENTAL BUSINESSES
ARTICLE 11: REGULATIONS FOR AMUSEMENTS
ARTICLE 11.1: COMMERCIAL DISPLAY OF DEAD HUMAN BODIES
ARTICLE 11.2: REGULATIONS FOR ADULT THEATERS AND ADULT BOOKSTORES PERMIT AND LICENSE PROVISIONS
ARTICLE 12: REGULATIONS FOR AUTOMOBILES
ARTICLE 13: MISCELLANEOUS REGULATIONS FOR PROFESSIONS AND TRADES
ARTICLE 13.1: JUNK DEALERS - PERMIT AND REGULATION
ARTICLE 13.2 BICYCLE MESSENGER BUSINESSES
ARTICLE 13.3: CAR RENTAL BUSINESSES
ARTICLE 13.4: REDUCING RENTAL-CAR BURGLARIES
ARTICLE 14: LICENSES FOR ADVERTISING
ARTICLE 15: LICENSES FOR AMUSEMENTS
ARTICLE 15.1: ENTERTAINMENT REGULATIONS PERMIT AND LICENSE PROVISIONS
ARTICLE 15.2: ENTERTAINMENT REGULATIONS FOR EXTENDED-HOURS PREMISES
ARTICLE 15.3: PROHIBITING NUDE PERFORMERS, WAITERS AND WAITRESSES
ARTICLE 15.4: ENCOUNTER STUDIOS
ARTICLE 15.5: NUDE MODELS IN PUBLIC PHOTOGRAPHY STUDIOS
ARTICLE 15.6: ESCORT SERVICES
ARTICLE 15.7: EVENT PROMOTERS
ARTICLE 16: REGULATION OF CANNABIS
ARTICLE 17: MISCELLANEOUS LICENSE REGULATIONS
ARTICLE 17.1: REGULATIONS FOR FORTUNETELLING; PERMIT AND LICENSE PROVISIONS
ARTICLE 18: SAN FRANCISCO POLICE PISTOL RANGE
ARTICLE 19: DISPOSAL OF UNCLAIMED PROPERTY
ARTICLE 20: REPRODUCING AND FURNISHING REPORTS
ARTICLE 22: CITATIONS FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE HEALTH CODE AND POLICE CODE
ARTICLE 23: REGULATIONS FOR PORT AREA*
ARTICLE 24: REGULATING STREET ARTISTS*
ARTICLE 25: REGULATIONS FOR PRIVATE PROTECTION AND SECURITY SERVICES*
ARTICLE 26: REGULATIONS FOR PUBLIC BATH HOUSES
ARTICLE 27: REGULATIONS FOR MORTGAGE MODIFICATION CONSULTANTS
ARTICLE 28: REGULATIONS FOR PAWNBROKERS PERMIT AND LICENSE PROVISIONS
ARTICLE 29: REGULATION OF NOISE
ARTICLE 30: PERMITS FOR TOW CAR DRIVERS
ARTICLE 30.1: PERMITS FOR TOW CAR FIRMS
ARTICLE 31: REGULATIONS FOR TEMPORARY HELIPORTS AND PERMIT PROVISIONS
ARTICLE 32: REGULATIONS FOR CONDUCTING BINGO GAMES
ARTICLE 32A: REGULATIONS FOR CONDUCTING POKER GAMES
ARTICLE 33: PROHIBITING DISCRIMINATION BASED ON RACE, COLOR, ANCESTRY, NATIONAL ORIGIN, PLACE OF BIRTH, SEX, AGE, RELIGION, CREED, DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY, WEIGHT, OR HEIGHT
ARTICLE 33A: PROHIBITION OF EMPLOYER INTERFERENCE WITH EMPLOYEE RELATIONSHIPS AND ACTIVITIES AND REGULATIONS OF EMPLOYER DRUG TESTING OF EMPLOYEES
ARTICLE 33B: PROHIBITION AGAINST DISCRIMINATION BY CLUBS OR ORGANIZATIONS WHICH ARE NOT DISTINCTLY PRIVATE
ARTICLE 33C: DISPLACED WORKER PROTECTION
ARTICLE 33D: GROCERY WORKER RETENTION
ARTICLE 33E: HOSPITALITY INDUSTRY WORKER RETENTION
ARTICLE 33F: HOURS AND RETENTION PROTECTIONS FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33G: PREDICTABLE SCHEDULING AND FAIR TREATMENT FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33H: PAID PARENTAL LEAVE
ARTICLE 33I: LACTATION IN THE WORKPLACE
ARTICLE 33J: PARITY IN PAY
ARTICLE 34: REGULATIONS FOR PHOTOGRAPHERS - PERMIT AND LICENSE PROVISIONS
ARTICLE 35: FIREARM STRICT LIABILITY ACT
ARTICLE 36: PROHIBITING THE CARRYING OF A FIREARM WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE OR DRUG, OR POSSESSION OF A FIREARM WHILE UPON PUBLIC PREMISES SELLING OR SERVING ALCOHOLIC BEVERAGES
ARTICLE 36A: [SALE, MANUFACTURE, AND DISTRIBUTION OF FIREARMS AND AMMUNITION; POSSESSION OF HANDGUNS]
ARTICLE 36B: STORAGE OF FIREARMS IN MOTOR VEHICLES
ARTICLE 36C: PROHIBITION OF FIREARMS AT PUBLIC GATHERINGS
ARTICLE 37: POLICE EMERGENCY ALARM ORDINANCE
ARTICLE 38: PROHIBITING DISCRIMINATION ON THE BASIS OF AIDS AND ASSOCIATED CONDITIONS
ARTICLE 39: PEDICABS
ARTICLE 40: DRUG FREE WORKPLACE ORDINANCE
ARTICLE 41: PROHIBITING THE SALE OR POSSESSION OF REPLICA HYPODERMIC NEEDLES OR SYRINGES
ARTICLE 42: SALE AND DISPLAY OF AEROSOL PAINT CONTAINERS AND MARKER PENS
ARTICLE 42A: COLOR TIRES
ARTICLE 42B: MERCURY THERMOMETERS
ARTICLE 42D: SALE AND DISPLAY OF PRODUCTS CONTAINING HYDROFLUORIC ACID
ARTICLE 43: ACCESS TO REPRODUCTIVE HEALTH CARE FACILITIES
ARTICLE 44: CLOSED CAPTIONS ACTIVATION REQUIREMENT ORDINANCE
ARTICLE 45: FIREARMS AND WEAPONS VIOLENCE PREVENTION ORDINANCE
ARTICLE 46: PROHIBITING SELF-SERVICE MERCHANDISING OF TOBACCO PRODUCTS EXCEPT IN PLACES TO WHICH MINORS HAVE NO ACCESS
ARTICLE 47: PERSONAL WATERCRAFT
ARTICLE 48: LASER POINTERS
ARTICLE 49: PROCEDURES FOR CONSIDERING ARRESTS AND CONVICTIONS AND RELATED INFORMATION IN EMPLOYMENT AND HOUSING DECISIONS
ARTICLE 50: CRIMINAL HISTORY IN ADMISSION TO POST-SECONDARY EDUCATIONAL INSTITUTIONS
ARTICLE 51: STORMWATER FLOOD RISK DISCLOSURE
ARTICLE 52: OCCUPANT'S RIGHT TO CHOOSE A COMMUNICATIONS SERVICES PROVIDER
ARTICLE 55: ACCEPTANCE OF CASH BY BRICK-AND-MORTAR BUSINESSES
References to Ordinances
San Francisco Port Code
San Francisco Public Works Code
PUBLIC WORKS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE PUBLIC WORKS CODE
ARTICLE 1: GENERAL REQUIREMENTS
ARTICLE 2: PUBLIC CONTRACT PROCEDURE
ARTICLE 2.1: PERMIT FEES AND OCCUPANCY ASSESSMENTS
ARTICLE 2.3: HUNTERS POINT SHIPYARD
ARTICLE 2.4: EXCAVATION IN THE PUBLIC RIGHT-OF-WAY
ARTICLE 3: REGULATIONS IN REGARD TO WORKING CONDITIONS
ARTICLE 4: SEWERS
ARTICLE 4.1: INDUSTRIAL WASTE
ARTICLE 4.2. SEWER SYSTEM MANAGEMENT
ARTICLE 4.3: SEWERS
ARTICLE 5: STREET FLOWER MARKETS
ARTICLE 5.1: ANTI-LITTER RECEPTACLES
ARTICLE 5.2: TABLES AND CHAIRS IN PUBLIC SIDEWALK OR ROADWAY AREAS
ARTICLE 5.3: DISPLAY OF FRUITS AND VEGETABLES OR NONFOOD MERCHANDISE ON PUBLIC SIDEWALKS
ARTICLE 5.4: REGULATION OF NEWSRACKS
ARTICLE 5.5: DISTRIBUTION OF FREE SAMPLE MERCHANDISE ON PUBLIC PROPERTY
ARTICLE 5.6: POSTING OF SIGNS ON CITY-OWNED LAMP POSTS OR UTILITY POLES
ARTICLE 5.7: HANDBILL DISTRIBUTION ON PRIVATE PREMISES; DISPLAY OF BANNERS
ARTICLE 5.8: PERMIT REGULATIONS FOR MOBILE FOOD FACILITIES CONCERNING PRODUCTS FOR HUMAN CONSUMPTION
ARTICLE 6: STREET IMPROVEMENT PROCEDURE
ARTICLE 6.1: IMPROVEMENT PROCEDURE CODE
ARTICLE 7: MAINTENANCE DISTRICTS
ARTICLE 9: UNACCEPTED STREETS
ARTICLE 11: SPUR TRACKS
ARTICLE 13: ENGINEERING INSPECTION
ARTICLE 14: UNDERGROUND PIPES, WIRES AND CONDUITS
ARTICLE 15: MISCELLANEOUS
ARTICLE 16: URBAN FORESTRY ORDINANCE
ARTICLE 16.1: TREE DISPUTE RESOLUTION
ARTICLE 17: CONTROL OF DUMPS DISPOSING OF MATERIALS FROM CONSTRUCTION OR DEMOLITION
ARTICLE 18: UTILITY FACILITIES
ARTICLE 19: PUBLIC TELEPHONE BOOTHS ON PUBLIC SIDEWALKS
ARTICLE 20: PROHIBITED BICYCLE ACTIONS AND TRANSACTIONS
ARTICLE 21: RESTRICTION OF USE OF POTABLE WATER FOR SOIL COMPACTION AND DUST CONTROL ACTIVITIES
ARTICLE 22: RECLAIMED WATER USE
ARTICLE 23: GRAFFITI REMOVAL AND ABATEMENT
ARTICLE 24: SHOPPING CARTS
ARTICLE 25: PERSONAL WIRELESS SERVICE FACILITIES
ARTICLE 26*: ILLEGAL DUMPING
ARTICLE 27: SURFACE-MOUNTED FACILITIES
References to Ordinances
San Francisco Subdivision Code
San Francisco Transportation Code
San Francisco Building Inspection Commission (BIC) Codes
Comprehensive Ordinance List
ARTICLE 29:
LICENSING AND REGULATION OF MASSAGE PRACTITIONERS AND MASSAGE BUSINESSES
 
General Provisions
Findings and Purpose.
Administration and Enforcement.
Transfer of Permit; Sale of Massage Business.
Definitions.
Access to Summary Criminal History Information.
Massage Practitioner Permits
Permit Required for Massage Practitioner; Exemptions.
Application for Massage Practitioner Permit.
Issuance of Massage Practitioner Permit.
Massage Practitioner Identification Card.
Massage Practitioner Annual License Fee.
Massage Practitioner Conduct Requirements.
Suspension or Revocation of Massage Practitioner Permit.
Massage Business Permits
Massage Business Permit Required; Exemptions.
Application for Massage Establishment, Sole Practitioner Massage Establishment, or Outcall Massage Service Permit.
Requirements for Massage Facilities.
Referral of Massage Establishment and Sole Practitioner Massage Establishment Permit Applications to Other Departments; Police Department Notification.
Issuance of Massage Establishment, Sole Practitioner Massage Establishment, or Outcall Massage Service Permit.
Annual License Fee.
Operating Requirements.
Inspection.
Suspension or Revocation of Massage Establishment, Sole Practitioner Massage Establishment, or Outcall Massage Service Permit.
Fees
Massage Practitioner Fees.
Massage Establishment, Sole Practitioner Massage Establishment, and Outcall Massage Service Fees; Reinspection Fees.
Adjustment of Fees.
Enforcement and Penalties
Notice of Violation; Hearing and Appeal.
Violations and Administrative Penalties.
Enforcement by City Attorney.
Violations and Criminal Penalties.
Cooperative Efforts with Law Enforcement.
Undertaking for the General Welfare.
Severability.
No Conflict with State or Federal Law.
 
Editor's Notes:
   The sections of this Article are numbered out of sequence with the other articles of this Code. Sections designated 1 through 66 are codified in Article 1 above.
   The sections of this Article formerly were numbered 1900 through 1931. As part of its substantial amendments, Ord.
262-13 redesignated the Article's sections as 29.1 through 29.32. Subsequently, Ord. 72-15 redesignated the Article's sections as currently set forth. The history note following each section explains the section's derivation and notes its former section number(s) (if applicable).
GENERAL PROVISIONS
SEC. 29.1.  FINDINGS AND PURPOSE.
   (a)   Massage professionals and businesses providing massage therapy promote public health and well-being with therapeutic practices that temper aches and pains, ease stress, reduce blood pressure, and provide other valuable health benefits.
   (b)   In 2008, the Legislature enacted uniform statewide regulations pertaining to massage therapy (Senate Bill No. 731 (2008), amended by Assembly Bill 619 (2011)) codified in Business and Professions Code Sections 4600 et seq. The regulations created a private nonprofit benefit corporation, the California Massage Therapy Council ("CAMTC"), which was authorized to regulate and standardize the issuance of certificates to massage professionals throughout the state.
   (c)   The 2008 law, as amended, also served to exempt massage practitioners and massage therapists who are certified by the CAMTC and massage businesses that employ only CAMTC-certified practitioners from local permitting and other regulatory requirements except for reasonable health and safety standards. This has had a preemptive effect on the ability of cities and counties to effectively regulate massage businesses.
   (d)   The lack of local regulation has led to a marked increase in the number of massage businesses that have opened in San Francisco, especially in some areas of the City that now exhibit a significant concentration of such establishments.
   (e)   The lack of regulation has also allowed many illicit massage businesses to open, sometimes using deceptive euphemisms like "relaxation spa" or "health club." These illicit businesses are generally outlets of the sex trade, and some engage in human trafficking and other human rights violations. Such massage businesses are detrimental to the health and safety of the community and adversely impact the local economy by driving legitimate business away, potentially affecting the vitality of neighborhoods and the provision of adequate services for residents and visitors alike.
   (f)   In 2014, the Legislature passed, and Governor Brown signed, Assembly Bill No. 1147 (''AB 1147" ), which authorizes local governments to use their regulatory and land use authority to ensure the public's safety, reduce human trafficking, and enforce local standards for the operation of the business of massage therapy in the best interests of the affected community.
   (g)   Under AB 1147, cities and counties regained broad authority over the ability to regulate businesses that provide massage therapy, and CAMTC retained authority over regulating those individuals who hold a CAMTC certificate to practice massage therapy.
   (h)   Through this Article 29, the City seeks to exercise its authority under AB 1147 to regulate all massage businesses, including those that employ only  CAMTC-certified practitioners, and to regulate massage practitioners who do not hold a CAMTC certificate.
(Added by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)
(Former Sec. 29.1 added as Sec. 1900 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; redesignated as Sec. 29.5 and amended by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)
SEC. 29.2.  ADMINISTRATION AND ENFORCEMENT.
   This Article 29 shall be administered and enforced by the Department of Public Health. The Director may adopt rules and regulations to carry out the provisions of this Article.
(Added by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)
(Former Sec. 29.2 added as Sec. 1901 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; redesignated as Sec. 29.10 and amended by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)
SEC. 29.3.  [RESERVED.]
(Added by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015; repealed by Ord. 272-18, File No. 180757, App. 11/20/2018, Eff. 12/21/2018)
(Former Sec. 29.3 added as Sec. 1902 by Ord. 269-03, File No. 030995, App. 12/5/2003; amended by Ord. 317-08, File No. 081250, App. 12/19/2008; redesignated and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; redesignated as Sec. 29.11 and amended by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)
SEC. 29.4.  TRANSFER OF PERMIT; SALE OF MASSAGE BUSINESS.
   (a)   No permit issued under this Article 29 shall be transferable under any circumstances, including but not limited to the sale of the Massage Business.
   (b)   Upon the effective date of the sale of a Massage Business, the permit for the Massage Business shall expire by operation of law. If a permittee sells a Massage Business, the permittee shall promptly surrender the permit to the Director no later than the effective date of the sale. This obligation is not dependent on the Director’s requesting the surrender, but arises by operation of law as a result of the sale of the Massage Business. If the permittee fails to surrender the permit to the Director as required by this subsection (b), the Director may, after giving the permittee notice by mail or electronically of the proposed action and an opportunity to respond, establish that the permit has expired by operation of law and hence is not a valid permit, and that it must be surrendered.
(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)
(Former Sec. 29.4 added as Sec. 1903 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; redesignated as Sec. 29.12 and amended by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)
SEC. 29.5.  DEFINITIONS.
   For the purposes of this Article 29:
   "Approved School" or "Approved Massage School" means a school that provides instruction and training in massage and meets the requirements of California Business and Professions Code Section 4601(a).
   "CAMTC" means the California Massage Therapy Council as established in California Business and Professions Code Section 4602, or any successor agency.
   "CAMTC Certified Practitioner" means an individual who administers massage for compensation and holds a valid and active certificate to practice massage issued by CAMTC pursuant to California Business and Professions Code Sections 4604 or 4604.2.
   "City" means the City and County of San Francisco.
   "Compensation" means a payment, loan, advance, donation, contribution, deposit, forgiveness of debt, or gift of money or anything of value.
   "Convicted" means having pled guilty or having received a verdict of guilty, including a verdict following a plea of nolo contendere, to a crime.
   "Department" means Department of Public Health.
   "Director" means the Director of the Department of Public Health or any individual designated by the Director to act on his or her behalf.
   “Inspector” means a Department employee responsible for conducting inspections on behalf of the Department.
   "Massage" means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external soft pads of the body with the hands or with the aid of any apparatus or appliance.
   “Massage Business” means Massage Establishment, Outcall Massage Service, and Sole Practitioner Massage Establishment, collectively.
   "Massage Establishment" means a fixed place of business where more than one individual administers Massage for Compensation, excluding those locations where Massage is provided only on an outcall basis.
   “Massage Practitioner” means any individual who administers Massage for Compensation pursuant to a permit issued by the Director under this Article 29.
   "Outcall Massage Service" means any business other than a Massage Establishment or Sole Practitioner Massage Establishment that provides Massage for Compensation at a location designated by the client rather than on its premises.
   "Owner" means any individual, partnership, firm, association, corporation, or combination of individuals of whatever form or character with an ownership interest in a business that provides Massage services.
   "Sole Practitioner" means a Massage Practitioner permit holder or CAMTC Certified Practitioner who provides Massage for Compensation without any partners, associates, or employees, and absent any business relationship with a Massage Establishment.
   “Sole Practitioner Massage Establishment” means a fixed place of business solely owned by a Massage Practitioner permit holder or CAMTC Certified Practitioner, which individual is the only person who provides Massage for Compensation. The business location may be shared by up to two Massage Practitioners or CAMTC Certified Practitioners in any combination, except as otherwise provided pursuant to Section 29.29(e).
(Added as Sec. 1900 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated as Sec. 29.1 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. 29.5 added as Sec. 1904 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; amended by Ord. 75-14 , File No. 140226, App. 5/28/2014, Eff. 6/27/2014; redesignated as Sec. 29.13 and amended by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)
SEC. 29.6.  ACCESS TO SUMMARY CRIMINAL HISTORY INFORMATION.
   The Director is authorized to access local, state, and federal level summary criminal history information for licensing, permitting, and/or certification of Massage Businesses and Massage Practitioners, and for the suspension or revocation of licenses, permits, and/or certification of Massage Businesses and Massage Practitioners, and may not disseminate the information to a private entity.
(Added by Ord. 272-18, File No. 180757, App. 11/20/2018, Eff. 12/21/2018)
(Former Sec. 29.6 added as Sec. 1905 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated and amended by Ord. 266-13, File No. 130789, App. 11/27/2013, Eff. 12/27/2013; redesignated as Sec. 29.15 and amended by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)
SEC. 29.7.  [REDESIGNATED.]
(Added as Sec. 1906 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; redesignated as Sec. 29.16 and amended by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)
SEC. 29.8.  [REDESIGNATED.]
(Added as Sec. 1907 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; redesignated as Sec. 29.18 by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)
SEC. 29.9.  [REPEALED.]
(Added by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; repealed by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)
MASSAGE PRACTITIONER PERMITS
SEC. 29.10.  PERMIT REQUIRED FOR MASSAGE PRACTITIONER; EXEMPTIONS.
   (a)   Permit Required. It shall be unlawful for any individual to administer Massage for Compensation without first obtaining a Massage Practitioner permit from the Director, unless that individual is exempt from the permit requirement under subsection (b).
   (b)   Exemptions. The following massage service providers are exempt from the permit requirement in subsection (a):
      (1)   CAMTC Certified Practitioners. A CAMTC Certified Practitioner shall be ineligible for a Massage Practitioner Permit so long as he or she holds a CAMTC certification.
      (2)   Physicians, surgeons, chiropractors, osteopaths, nurses, or any physical therapists, who are duly licensed to practice their respective professions in the State of California and persons working directly under the supervision of or at the direction of such licensed persons, working at the same location as the licensed person, and administering massage services subject to review or oversight by the licensed person.
      (3)   Barbers and cosmetologists who are duly licensed under the laws of the State of California, while engaging in practices within the scope of their licenses, and limited to the massaging of the neck, face, scalp, hands, or feet of the clients.
      (4)   Employees of hospitals, nursing homes, mental health facilities, or any other health facilities duly licensed by the State of California, while acting within the scope of their employment.
   (c)   Notwithstanding any provision in this Article 29, starting January 1, 2019, a person may not file and the Department may not accept an application for a Massage Practitioner Permit.
      (1)   The Department shall process and may grant in accordance with this Article 29 any applications for Massage Practitioner Permits filed before January 1, 2019, even if some or all of the processing occurs on or after January 1, 2019.
      (2)   This subsection (c) shall not affect the status of Massage Practitioner Permits issued before January 1, 2019, or those issued under subsection (c)(1) on or after January 1, 2019.
(Added as Sec. 1901 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated as Sec. 29.2 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. 29.10 added as Sec. 1908 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; redesignated as Sec. 29.25 by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)
SEC. 29.11.  APPLICATION FOR MASSAGE PRACTITIONER PERMIT.
   (a)   Permit Application. Every applicant for a Massage Practitioner permit shall:
      (1)   File an application with the Director upon a form provided by the Director;
      (2)   Provide a complete set of fingerprints in the manner required by the Director for the purpose of undergoing a criminal background check; and
      (3)   Pay a non-refundable application fee as set forth in Section 29.40.
   (b)   Applicant Information. The application form shall require the applicant to provide, under penalty of perjury, the following information:
      (1)   The applicant’s name and residence address;
      (2)   A unique identifying number from at least one government-issued form of identification, such as a social security card, a state driver's license or identification card, or a passport;
      (3)   Written evidence that the applicant is at least 18 years of age;
      (4)   The applicant's height, weight, and color of hair and eyes;
      (5)   The applicant’s work history for the five years immediately prior to the date of application;
      (6)   All permits, certificates, or licenses related to the practice of Massage currently or formerly held by the applicant in San Francisco or elsewhere, including any discipline imposed by the issuing authority and a statement whether the applicant is currently the subject of a disciplinary process;
      (7)   All felony or misdemeanor convictions; and
      (8)   Any additional information as required by the Director.
   (c)   Minimum Educational Requirements. An applicant for a Massage Practitioner permit shall provide, in a form acceptable to the Director, documentation showing that the applicant has completed not less than 500 hours of instruction in Massage and related subjects at an Approved Massage School.
   (d)   Proficiency Test. The Director shall administer a test to all applicants, in each applicant's own language, to confirm basic proficiency in Massage before issuing a permit.
   (e)   Deadline for submission of supporting documentation. After reviewing an applicant’s application, the Director shall notify the applicant in writing if the application is incomplete. If the Director deems the application to be incomplete, the applicant shall supply the information or documentation that is required for the application to be deemed complete. The applicant shall have 60 days from the date that the Director provides notification that the application is incomplete to provide all required information and/or documentation. If the applicant does not provide such information within 60 days, the application will be deemed abandoned and will not receive further consideration.
(Added as Sec. 1902 by Ord. 269-03, File No. 030995, App. 12/5/2003; amended by Ord. 317-08, File No. 081250, App. 12/19/2008; redesignated as Sec. 29.3 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. 29.11 added as Sec. 1909 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; amended by Ord. 266-13, File No. 130789, App. 11/27/2013, Eff. 12/27/2013; Ord. 75-14 , File No. 140226, App. 5/28/2014, Eff. 6/27/2014; redesignated as Sec. 29.26 and amended by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)
SEC. 29.12.  ISSUANCE OF MASSAGE PRACTITIONER PERMIT.
   (a)   Time for Decision. Within 90 business days following receipt of a completed application for a Massage Practitioner permit, 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)   Grounds for Denial. No Massage Practitioner permit shall be issued if the Director finds:
      (1)   The applicant is exempt from the permit requirement pursuant to Section 29.10; or
      (2)   The applicant has provided materially false information, documents, or testimony in support of the application or in any other matter before the Director; or
      (3)   Within five years immediately prior to the date of application, the applicant has had any license, certificate, or permit related to the practice of Massage revoked or, if from another jurisdiction, suspended under circumstances that qualify for revocation under this Article 29, or is currently the subject of an unresolved disciplinary process that may result in suspension or revocation; or
      (4)   The applicant has been Convicted of any of the following offenses:
         (A)   Any felony 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 requiring registration pursuant to Section 290 of the California Penal Code or, for Convictions outside California, any offense requiring registration in California under Penal Code Section 290.005; or
      (5)   The applicant has failed to satisfy the education requirements or pass the Massage proficiency test; or
      (6)   The Director concludes that there is good cause to deny the permit in accordance with Section 26 of Article 1 of the Business and Tax Regulations Code; or
      (7)   The applicant has not fully complied with the provisions of this Article 29; or
      (8)   The applicant has not demonstrated eligibility for a permit under this Article 29.
   (c)   Discretionary Exception for Criminal Convictions. The Director may issue a Massage Practitioner permit to any individual Convicted of one of the offenses listed in subsection (b)(4) of this Section 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 a listed offense.
   (d)   Right to Director’s Hearing. If an application for a Massage Practitioner 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 in detail the ground or grounds for the appeal. The Director shall conduct a hearing to consider the appeal within 60 days of receiving the notice of appeal and shall notify the applicant of the time and place of the hearing at least 10 days in advance 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. The Director’s ruling shall be the final decision of the Department. If the Director does not rule within 60 days of the conclusion of the hearing, the permit denial shall be deemed sustained.
(Added as Sec. 1903 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated as Sec. 29.4 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. 29.12 added as Sec. 1910 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; amended by Ord. 266-13, File No. 130789, App. 11/27/2013, Eff. 12/27/2013; redesignated as Sec. 29.27 and amended by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)
SEC. 29.13.  [RESERVED.]
(Added as Sec. 1904 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated as Sec. 29.5 and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; amended by Ord. 75-14 , File No. 140226, App. 5/28/2014, Eff. 6/27/2014; redesignated and amended by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015; repealed by Ord. 272-18, File No. 180757, App. 11/20/2018, Eff. 12/21/2018)
(Former Sec. 29.13 added as Sec. 1912 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; redesignated as Sec. 29.28 and amended by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)
SEC. 29.14.  [RESERVED.]
(Added by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015; repealed by Ord. 272-18, File No. 180757, App. 11/20/2018, Eff. 12/21/2018)
(Former Sec. 29.14 added as Sec. 1913 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; redesignated as Sec. 29.29 and amended by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)
SEC. 29.15.  MASSAGE PRACTITIONER IDENTIFICATION CARD.
   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.
(Added as Sec. 1905 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated as Sec. 29.6 and amended by Ord. 266-13, File No. 130789, 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)
(Former Sec. 29.15 added as Sec. 1915 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; repealed by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)
SEC. 29.16.  MASSAGE PRACTITIONER ANNUAL LICENSE FEE.
   Every Massage Practitioner shall pay to the Tax Collector an annual license fee as set forth in Section 29.40.
(Added as Sec. 1906 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated as Sec. 29.7 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)
(Former Sec. 29.16 added as Sec. 1916 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; repealed by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)
SEC. 29.17.  MASSAGE PRACTITIONER CONDUCT REQUIREMENTS.
   (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 Prohibited. Massage Practitioners shall not engage in lewd conduct on business premises, including locations designated by the client through an Outcall Massage Service. Lewd acts include, but are 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.
(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)
(Former Sec. 29.17 added as Sec. 1917 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; repealed by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)
SEC. 29.18.  SUSPENSION OR REVOCATION OF MASSAGE PRACTITIONER PERMIT.
   (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
      (3)   The Director finds that there is 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; 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
      (5)   The Massage Practitioner has not paid the Massage Practitioner Fee as required by Section 29.40 of this Article 11,1 and 30 days have elapsed since notice of delinquency.
   (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)
(Former Sec. 29.18 added as Sec. 1918 by Ord. 269-03, File No. 030995, App. 12/5/2003; amended 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; repealed by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)
CODIFICATION NOTE
1.   So in Ord. 272-18.
SEC. 29.19.  [REDESIGNATED.]
(Added as Sec. 1919 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; redesignated as Sec. 29.32 and amended by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)
SEC. 29.20.  [REPEALED.]
(Added as Sec. 1920 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; repealed by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)
SEC. 29.21.  [REDESIGNATED.]
(Added as Sec. 1921 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; redesignated as Sec. 29.33 and amended by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)
SEC. 29.22.  [REPEALED.]
(Added as Sec. 1922 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; repealed by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)
SEC. 29.23.  [REPEALED.]
(Added as Sec. 1923 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; repealed by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)
SEC. 29.24.  [REPEALED.]
(Added as Sec. 1925 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; repealed by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)
MASSAGE BUSINESS PERMITS
SEC. 29.25.  MASSAGE BUSINESS PERMIT REQUIRED; EXEMPTIONS.
   (a)   Permit Required. It shall be unlawful for any Owner of a Massage Establishment, Sole Practitioner Massage Establishment, or Outcall Massage Service to operate that Massage Business at any location in the City without first obtaining a permit for such Massage Business from the Director. In the event that a business owner or operator disclaims that the business is a Massage Business, the Director may hold a hearing to determine whether a permit under this Section 29.25 is required.
   (b)   Exemptions. The following businesses may provide Massage services without obtaining a Massage Business permit:
      (1)   Businesses providing Massage services performed solely by physicians, surgeons, chiropractors, osteopaths, nurses, or any physical therapists, who are duly licensed to practice their respective professions in the State of California and persons working directly under the supervision of or at the direction of such licensed persons, working at the same location as the licensed person, and administering massage services subject to review or oversight by the licensed person.
      (2)   Businesses providing Massage services performed solely by barbers or cosmetologists who are duly licensed under the laws of the State of California, while engaging in practices within the scope of their licenses, and limited to the massaging of the neck, face, scalp, hands, or feet of the clients.
      (3)   Hospitals, nursing homes, mental health facilities, or any other health facilities duly licensed by the State of  California, providing Massage services performed solely by their employees acting within the scope of their employment.
(Added as Sec. 1908 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated as Sec. 29.10 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. 29.25 added as Sec. 1926 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; repealed by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)
SEC. 29.26.  APPLICATION FOR MASSAGE ESTABLISHMENT, SOLE PRACTITIONER MASSAGE ESTABLISHMENT, OR OUTCALL MASSAGE SERVICE PERMIT.
   (a)   Application Requirements. To apply for a Massage Establishment, Sole Practitioner Massage Establishment, or Outcall Massage Service permit, the Owner shall:
      (1)   File an application with the Director upon a form provided by the Director;
      (2)   Provide a complete set of fingerprints in the manner required by the Director from any person with an ownership interest in the Massage Business for the purpose of a undergoing a criminal background check;
      (3)   Pay a non-refundable application fee, as set forth in Section 29.41; and
      (4)    Permit inspection of any Massage facilities proposed to be operated under the permit by all relevant City departments, including but not limited to the Department of Building Inspection, the Planning Department, and the Fire Department.
   (b)   Applicant Information. The application form shall require the applicant to provide, under penalty of perjury, the following information:
      (1)   The name(s), address(es), and any other identifying information regarding the Owner(s) as requested by the Director;
      (2)   A description of all services to be rendered by the Massage Business;
      (3)   The address of any facilities proposed to be operated under a Massage Establishment or Sole Practitioner Massage Establishment permit, and a copy of the rental agreement or lease showing the names of the landlord and all of the tenants or lessees who are parties to the rental agreement; or, if the Owner owns the premises, a copy of the deed and a disclosure of any other person or entity with a shared ownership interest in the premises;
      (4)   The number of individuals to be employed by the Massage Business, and, except in the case of a Sole Practitioner Massage Establishment, the names and permit or certificate numbers of any Massage Practitioners or CAMTC Certified Practitioners who shall operate under that permit;
      (5)   All permits, certificates, or licenses related to the practice of Massage or the operation of a Massage Establishment or Massage service, currently or formerly held by an Owner, issued in San Francisco or elsewhere, including any discipline imposed by the issuing authority and a statement whether the permit holder is currently the subject of a disciplinary process;
      (6)   All felony or misdemeanor convictions for each person with an ownership interest in the Massage Business;
      (7)   A floor plan of the proposed Massage Establishment, indicating the location of all Massage treatment rooms, Massage tables, Massage chairs, and employee areas;
      (8)   A certificate of insurance against liability for workers compensation or proof of self-insurance in accordance with the provisions of the California Labor Code; and
      (9)   Any additional information as required by the Director.
   (c)   Organizational Owners. If the Owner of the Massage Establishment or Outcall Massage Service is or includes 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 the officers, directors, and each stockholder holding more than 10% of the stock of the corporation. If the Owner is or includes a partnership, the application shall set forth the name and the residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this subsection 29.26(c) pertaining to corporate applicants applies. The applicant shall provide the information required in subsections (a)(2), (b)(1), (b)(5), and (b)(6) of this Section 29.26 for each officer, director, and stockholder holding more than 10% of the stock of the corporation, or for each partner, including limited partners.
   (d)   Proof of Massage Practitioner Permit or CAMTC Certification for Sole Practitioners. In addition to the information required under subsection (b) of this Section 29.26, an applicant for a Sole Practitioner Massage Establishment permit shall provide proof that he or she holds either a current, valid Massage Practitioner permit or a CAMTC certificate. A Massage Practitioner may not hold both a Massage Practitioner permit and a CAMTC certificate.
   (e)   Massage Establishment Compliance with Planning Code Notice Requirement. An Applicant for a Massage Establishment permit shall also submit proof of compliance with any applicable Planning Code requirements regarding notice and posting of the proposed Massage Establishment.
   (f)   Deadline for submission of supporting documentation. After reviewing a Massage Business permit application, the Director shall notify the applicant in writing that the application is complete and accepted for further review, or incomplete. If the Director deems the application to be incomplete, the applicant shall supply the information or documentation that is required for the application to be deemed complete. The applicant shall have 60 days from the date that the Director provides notification that the application is incomplete to provide all required information and/or documentation. If the applicant does not provide such information within 60 days, the application will be deemed abandoned and will not receive further consideration.
(Added as Sec. 1909 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated as Sec. 29.11 and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; amended by Ord. 266-13, File No. 130789, App. 11/27/2013, Eff. 12/27/2013; Ord. 75-14 , File No. 140226, App. 5/28/2014, Eff. 6/27/2014; 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. 29.26 added as Sec. 1927 by Ord. 269-03, File No. 030995, App. 12/5/2003; amended by Ord. 149-08, File No. 080744, App. 7/30/2008; Ord. 238-11, File No. 111101, App. 12/15/2011; Eff. 1/14/2012; redesignated and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; redesignated as Secs. 29.41 and 29.42 and amended by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)
SEC. 29.27.  REQUIREMENTS FOR MASSAGE FACILITIES.
   All proposed massage facilities must comply with the following requirements, and with any rules and regulations adopted by the Director pursuant to Section 29.2:
   (a)   Toilet Rooms and Other Rooms. Toilet rooms shall be provided for clients in convenient locations.
      (1)   Construction of rooms used for toilets, laundry, and mop sinks, as well as rooms used for tubs, wet tables, steam baths, saunas, and shower stalls, shall be made of waterproof, nonabsorbent materials that are easily cleaned and shall be installed in accordance with the San Francisco Building Code.
      (2)   Plumbing fixtures in toilet rooms as well as rooms used for tubs, steam baths, and showers shall be installed in accordance with the San Francisco Plumbing Code.
      (3)   Urinals may be substituted for toilets after one toilet has been provided.
      (4)   Doors to toilet rooms shall open inward.
   (b)   Handwashing Facilities. Handwashing facilities shall be provided within or adjacent to the toilet rooms and shall be equipped with an adequate supply of hot and cold running water under pressure.
      (1)   Handwashing facilities must provide liquid hand soap in a pump or a wall-mounted dispenser and sanitary wall mounted disposable paper towels.
      (2)   Handwashing facilities shall be readily accessible to massage practitioners.
   (c)   Light and Ventilation. All portions of the Establishment shall be provided with adequate light by means of windows, skylights, or with an approved artificial light. Adequate ventilation shall be provided by means of windows or a mechanical operating ventilating system.
      (1)   Toilet, dressing, and massage rooms shall be provided with at least 108 lux (10 foot candles) of light.
      (2)   All electrical equipment shall be installed in accordance with the requirements of the San Francisco Electrical Code.
(Added as Sec. 1910 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated as Sec. 29.12 and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; amended by Ord. 266-13, File No. 130789, 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. 29.27 added as Sec. 1928 by Ord. 269-03, File No. 030995, App. 12/5/2003; amended 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; amended by Ord. 266-13, File No. 130789, App. 11/27/2013, Eff. 12/27/2013; Ord. 75-14 , File No. 140226, App. 5/28/2014, Eff. 6/27/2014; redesignated as Sec. 29.45 and amended by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)
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 City Department of Building Inspection and the City Police, Fire, and Planning Departments. Said departments shall inspect the facilities proposed to be operated as a Massage Establishment or a Sole Practitioner Massage Establishment and shall make written findings to the Director concerning compliance with codes that they administer.
   (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)
(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 may 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. Exterior doors may remain locked while the Massage Establishment is open only if there is no more than one employee or independent contractor on the premises of the Establishment, exclusive of the Establishment owner.
   (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)
(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)
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)
FEES
SEC. 29.40.  MASSAGE PRACTITIONER FEES.
   The application fee for a Massage Practitioner permit shall be $146. The annual license fee for a Massage Practitioner permit shall be $123. The fee shall be due annually on March 31 of each year, pursuant to Section 76.1, Article 2 of the Business and Tax Regulations Code.
(Added by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)
SEC. 29.41.  MASSAGE ESTABLISHMENT, SOLE PRACTITIONER MASSAGE ESTABLISHMENT, AND OUTCALL MASSAGE SERVICE FEES; REINSPECTION FEES.
   (a)   Massage Establishments. The application fee for a Massage Establishment permit shall be $681. The annual license fee for a Massage Establishment shall be $1,214. The fee shall be due annually on March 31 of each year, pursuant to Section 76.1, Article 2 of the Business and Tax Regulations Code.
   (b)   Sole Practitioner Massage Establishments. The application fee for a Sole Practitioner Massage Establishment permit shall be $497. The annual license fee for a Sole Practitioner Massage Establishment shall be $599. The fee shall be due annually on March 31 of each year, pursuant to Section 76.1, Article 2 of the Business and Tax Regulations Code.
   (c)   Outcall Massage Services. The application fee for an Outcall Massage Service permit shall be $351. The annual license fee for an Outcall Massage Service shall be $306. The fee shall be due annually on March 31 of each year, pursuant to Section 76.1, Article 2 of the Business and Tax Regulations Code.
   (d)   Exception. A Massage Practitioner or CAMTC Certified Practitioner holding a Sole Practitioner Massage Establishment permit shall not be required to pay any additional application or annual license fee for an Outcall Massage Service permit.
   (e)   Reinspection fees. If an inspection discloses a violation of any provision of this Code or of any State law for which the Department is responsible for enforcement, the Department shall determine a period of time that is reasonable to correct the violation and shall thereafter reinspect the property to verify such correction. The term “reinspection” shall refer to any inspection by the Department to verify whether an owner has corrected a violation. The Massage Business shall pay a fee in the amount of $191 for the first hour or any fraction thereof for each reinspection by an Inspector, to compensate the Department for its costs in performing the reinspection. Reinspections that require more than one hour to complete shall be subject to an additional fee at the rate of $96 for each half-hour or part thereof beyond the first 60 minutes. If more than one reinspection is necessary to secure correction of a violation, the Massage Business shall pay a fee in the amount set forth herein for each reinspection. In the event that the Massage Business fails to pay any reinspection fee due under this Section within 30 days of the due date, the Massage Business must pay a late payment penalty of $40 and the City may collect the reinspection fee through the placement of a lien in the amount of the fee and any late payment penalty owed or delinquent, plus interest of 1.5% per month, against the real property pursuant to the procedures set forth in Chapter 10, Article XX of the Administrative Code (beginning with Section 10.230).
(Added as Sec. 1927 by Ord. 269-03, File No. 030995, App. 12/5/2003; amended by Ord. 149-08, File No. 080744, App. 7/30/2008; Ord. 238-11, File No. 111101, App. 12/15/2011; Eff. 1/14/2012; redesignated as Sec. 29.26(a)-(d) 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)
SEC. 29.42.  ADJUSTMENT OF FEES.
   Beginning with fiscal year 2008-2009, fees set forth in this Article 29 may be adjusted each year without further action by the Board of Supervisors. Not later than April 1, the Director shall report to the Controller the revenues generated by the fees for the prior fiscal year and the prior fiscal year’s costs of operation, as well as any other information that the Controller determines appropriate to the performance of the duties set forth in this Section 29.42. Not later than May 15, the Controller shall determine whether the current fees have produced or are projected to produce revenues sufficient to support the costs of providing the services for which the fees are assessed and that the fees will not produce revenue which is significantly more than the costs of providing the services for which the fees are assessed. The Controller shall, if necessary, adjust the fees upward or downward for the upcoming fiscal year as appropriate to ensure that the program recovers the costs of operation without producing revenue which is significantly more than such costs. The adjusted rates shall become operative on July 1, and shall be published on the Department’s website.
(Added as Sec. 1927 by Ord. 269-03, File No. 030995, App. 12/5/2003; amended by Ord. 149-08, File No. 080744, App. 7/30/2008; Ord. 238-11, File No. 111101, App. 12/15/2011; Eff. 1/14/2012; redesignated as Sec. 29.26(e) 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)
ENFORCEMENT AND PENALTIES
SEC. 29.43.  NOTICE OF VIOLATION; HEARING AND APPEAL.
   (a)   If the Director determines that a Massage Practitioner or Massage Business is operating in violation of this Article 29 (which is deemed in the entirety of this Section 29.43 to include a violation of a permit condition and/or a violation of the rules and regulations adopted pursuant to this Article), the Director may issue a Notice of Violation to the Massage Practitioner, the Massage Business, the owner of real property where the violation occurred, and/or any other Persons the Director deems responsible for causing the violation. The issuance of the Notice of Violation may be by hand delivery, registered mail, or electronic mail.
   (b)   The Notice of Violation shall include the following information:
      (1)   That the Director has made a determination that the Massage Practitioner or Massage Business has operated in violation of this Article 29;
      (2)   The alleged acts or failures to act that constitute the basis for the Director’s determination;
      (3)   That the Director intends to take enforcement action against the Massage Practitioner, Massage Business, owner of real property, and/or any other Person deemed responsible for causing the violation(s), and the nature of that action, including the administrative penalty and enforcement costs to be imposed, and/or the suspension or revocation of the Massage Practitioner and/or Massage Establishment permit(s);
      (4)   That the Massage Practitioner, Massage Business, owner of real property, and/or any other Person deemed responsible for causing the violation(s) has the right to request a hearing before the Director within 15 days after the Notice of Violation is issued, which request must be made in writing.
   (c)   If no request for a hearing is filed with the Director within the appropriate period, the right to request a hearing shall be deemed waived, and the Director’s determination shall become final and effective 15 days after the Notice of Violation was mailed. The Director shall issue an order imposing the enforcement action, and shall send the order to the Persons served with the Notice of Violation by hand delivery, registered mail, or electronic mail. In subsequent civil proceedings, such violations shall be deemed not to have been corrected. Where no hearing is timely requested, an order suspending or revoking a permit is final. The failure of the Person on whom the Notice of Violation is served to request a hearing shall constitute a failure to exhaust administrative remedies and shall preclude the Person from obtaining judicial review of the validity of the enforcement action.
   (d)   Upon a timely request for a hearing, the Director shall, within 15 days of the request, notify the requester of the date, time, and place of the hearing. Such notification may be made by hand delivery, registered mail, or electronic mail. The Director shall make available to the requester the photographs and other recorded evidence obtained in support of the Notice of Violation as well as a copy of the report prepared by the Director’s designee, if any, to support the Notice of Violation. Such hearing shall be held no later than 60 days after the Director receives the request, unless time is extended by mutual agreement of the requester and the Director.
   (e)   The Director shall conduct the hearing, or a hearing officer may be designated, who shall have the same authority as the Director to hear and decide the case and make any orders consistent with this Article 29. The Massage Practitioner, Massage Business, owner of real property, or other Person(s) deemed responsible for causing the violation(s) may present evidence for consideration, subject to any rules adopted by the Director or hearing officer for the orderly conduct of the hearing. Within 60 days of the conclusion of the hearing, the Director or hearing officer shall render a decision in the form of a written order, which the Director shall promptly serve on the Massage Practitioner, Massage Business, owner of real property, or any other Persons charged in the Notice of Violation. Service of the written order may be made by hand delivery, registered mail, or electronic mail. The order shall state whether the Notice of Violation has been upheld (in whole or in part), and the enforcement action taken against each party.
   (f)   If the order directs the Massage Practitioner, Massage Business, owner of real property, or other person to pay an administrative penalty and/or enforcement costs, such amount shall be paid within fifteen days from the mailing of the order; the order shall inform the recipient of such deadline for payment.
   (g)   If the order suspends or revokes a permit, the permittee must cease operations within 24 hours of the suspension or revocation order being final.
   (h)   If the order suspends or revokes a permit, or imposes additional permit conditions, it may be appealed to the Board of Appeals in the manner prescribed in Article 1 of the Business and Tax Regulations Code; the order shall inform the recipient of such right to appeal.
(Added by Ord. 272-18, File No. 180757, App. 11/20/2018, Eff. 12/21/2018)
SEC. 29.45.  VIOLATIONS AND ADMINISTRATIVE PENALTIES.
   (a)   Any person who violates any provision of this Article 29 or any rule or regulation adopted pursuant to Section 29.2 may, after being provided notice and an opportunity to be heard, be subject to the following monetary and permit penalties. The Director may impose administrative fines and/or permit penalties that exceed those listed in this Section 29.45 where the Director finds that such higher fines and/or penalties are necessary or appropriate to protect and promote the health and well-being of a Massage Business’ employees, customers, and/or neighbors.
      (1)   Massage Business Operating Without a Massage Business Permit.
         (A)   Administrative fine: Up to $1,000 per day of operating without a permit; and
         (B)   Permit penalty: Business location and Owner of Massage Business ineligible for a Massage Business permit for 180 days.
         (C)   Repeat violations: Same penalties as (a)(1)(A) and (a)(1)(B).
      (2)   Massage Business Employing Any Person Under 18 Years of Age.
         (A)   Administrative fine: None.
         (B)   Permit penalty: Mandatory revocation of Massage Business permit.
         Massage Business permittee ineligible for a subsequent permit for 180 days.
      (3)   Solicitation Citations, Charges, or Convictions, as Defined by California Penal Code Section 647(a) or (b) and/or San Francisco Police Code Section 225, for Anyone Working at Massage Establishment.
         (A)   Administrative fine: $5,000 to be paid by Massage Establishment permittee; and
         (B)   Permit penalty: Mandatory 60-120 days suspension of Massage Establishment permit.
         (C)   Repeat violations: Revocation; permittee ineligible for a subsequent Massage Establishment permit at any location for a period of two years.
      (4)   Trafficking Charges or Convictions, as Defined by California Penal Code Section 236.1, for Anyone Working at Massage Establishment.
         (A)   Administrative fine: None.
         (B)   Permit penalty: Revocation; permittee ineligible for a subsequent Massage Establishment permit at any location.
         (C)   Repeat violations: Same penalty as (a)(4)(B).
      (5)   Massage Establishment or Outcall Massage Service Knowingly Employing Individual Without Massage Practitioner Permit or CAMTC Certification To Administer Massage.
         (A)   Administrative fine: $1,000 to be paid by Massage Business permittee.
         (B)   Permit penalty: None.
         (C)   Repeat violations: 15-30 day suspension of Massage Business permit and up to $2,500 fine for second occurrence; 30-60 day suspension or revocation of Massage Business permit, and up to $5,000 fine for third occurrence.
      (6)   Massage Facilities Used for Residential Sleeping Purposes.
         (A)   Administrative fine: Up to $1,000.
         (B)   Permit penalty: None.
         (C)   Repeat violations: 15-30 day suspension of Massage Business permit and up to $2,500 fine for second occurrence; 30-60 day suspension of Massage Business permit and up to $5,000 fine for third occurrence.
      (7)   Presence of Beds Instead of or in Addition to Massage Tables.
         (A)   Administrative fine: $500.
         (B)   Permit penalty: None.
         (C)   Repeat violations: Up to $1,000 fine for second occurrence; 15-30 day suspension and up to $2,500 fine for third occurrence.
      (8)   Any Massage Service Provider Improperly Attired in Violation of Section 29.17(a).
         (A)   Administrative fine: Up to $500 per person found to be improperly attired, to be paid by Massage Business permittee.
         (B)   Permit penalty: 60 day suspension of Massage Business permit for each person found to be improperly attired.
         (C)   Repeat violations: Up to $1,500 fine per person to be paid by Massage Business permittee for second and each subsequent occurrence; 180 day suspension of Massage Practitioner permit and revocation of Massage Business permit.
      (9)   Sanitation Violations Pursuant to Section 29.31(a).
         (A)   Administrative fine: None.
         (B)   Permit penalty: None.
         (C)   Repeat violations: Up to $250 fine and 60 day suspension of Massage Business permit.
      (10)   Massage Business Operating Between the Hours of 10:00 p.m. and 7:00 a.m.
         (A)   Administrative fine: Up to $1,000.
         (B)   Permit penalty: 15-30 day suspension of Massage Business Permit.
         (C)   Repeat violations: 30-60 day suspension and up to $2,500 for second occurrence; 60-90 day suspension and up to $5,000 fine for third and each subsequent occurrence.
      (11)   Practicing Massage for Compensation Without a Massage Practitioner Permit or CAMTC Certification.
         (A)   Administrative fine: $500 fine.
         (B)   Repeat violations: $1,000 fine for second occurrence; $1,500 fine for third and each subsequent occurrence and individual ineligible for Massage Practitioner permit for 180 days.
      (12)   Anyone Engaged In Lewd Conduct or Performing Sex Acts as Defined in Section 29.17(b) on Massage Business Premises.
         (A)   Administrative fine: $2,500 to be paid by Massage Business permittee, and
         (B)   Permit penalty: Revocation of Massage Practitioner permit and revocation of Massage Business permit.