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MASSAGE BUSINESS PERMITS
(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)
(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) For the purpose of undergoing a criminal background check, provide a complete set of fingerprints in the manner required by the Director from any person with an ownership interest in the Massage Business who has not otherwise provided documentation showing that they are a CAMTC Certified Practitioner; and
(3) Pay a non-refundable application fee, as set forth in Section 29.41.
(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; Ord. 105-23, File No. 221160, App. 6/16/2023, Eff. 7/17/2023)
(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)
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)
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