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(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. For license periods beginning before April 1, 2026, the annual license fee for a Sole Practitioner Massage Establishment shall be $599. The annual license 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. For license periods beginning on or after April 1, 2026, the annual license fee in this subsection (b) shall be $0.
(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; Ord. 279-24, File No. 240926, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/1/2025)
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
(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)
(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.
(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.
Permit holder ineligible for subsequent Massage Practitioner or Massage Business Permit for a period of five years from the date of permit revocation.
(13) Failure to Post Notices as Required by Section 29.31(i).
(A) Administrative fine: Written warning for first violation, $250 for second and each subsequent violation within 12 months.
(B) Permit Penalty: 30 day suspension of Massage Business permit for third and subsequent violations.
(14) Failure to Present Valid Massage Practitioner Card to an Inspector or Law Enforcement Officer upon Request, as Required by Section 29.15.
(A) Administrative fine: $250 to be paid by Massage Practitioner.
(15) Publishing Advertising in Violation of Section 29.31(n).
(A) Administrative fine: $1,000 fine.
(B) Permit Penalty: 30 day suspension of Massage Business permit for second and subsequent violations.
(16) Interfering with City Staff in Their Performance of an Inspection, as Prohibited by Section 29.33(a)(2).
(A) Administrative fine: $1,000 fine to be paid by Massage Business permittee.
(B) Repeat violations: $2,500 fine and 30 day suspension of Massage Business permit for second occurrence; revocation of Massage Business permit for third occurrence.
(17) Equipping Interior Doors with Locks or Locking Devices, or Locking Exterior Doors, in violation of Section 29.31(g).
(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, up to $2,500 fine, removal of any keyless lock system, and rescission of the Director’s approval to continue using a keyless lock system for second occurrence; 60-90 day suspension and up to $5,000 fine for third and each subsequent occurrence.
(18) All Other Violations of San Francisco Health Code Article 29 and Any Massage Program Rules and Regulations.
(A) Administrative fine: Up to $1,000 fine.
(B) Permit penalty: Possible suspension or revocation.
(C) Repeat violations: Up to $2,500 fine for the second violation and possible permit suspension or revocation; up to $5,000 for the third and subsequent violations, and permit suspension or revocation.
(19) Option to Require Massage Practitioner Participation in Public Health and Safety Program. As an alternative to any of the administrative penalties and permit penalties that the Department may impose on a Massage Practitioner, as authorized by this Section 29.45, the Director may require that a Massage Practitioner participate in a Department program that addresses such topics as health education, employee and labor rights, and workplace injury and illness prevention.
(b) Notice to Property Owner. Written notice of each Notice of Violation that proposes to suspend or revoke a Massage Business permit shall be served on the owner(s) of the property upon which the Massage Business is located, at the same time and in the same manner as required by Section 29.43 of this Article 29.
(c) Payment and Collection of Administrative Penalty and Enforcement Costs. Any administrative penalty and/or enforcement costs assessed under this Article 29 is a debt to the City and County of San Francisco and shall be paid to the Treasurer of the City and County of San Francisco. Any amount paid late shall be subject to an additional late fine of 10% on the unpaid amount. The sum of the unpaid amount and the 10% late fine shall accrue interest at the rate of 1% per month (or fraction thereof) until fully paid; any partial payments made shall first be applied to accrued interest. The City may file a civil action or pursue any other legal remedy to collect such unpaid amount, fine, and interest. In any civil action for collection, the City shall be entitled to obtain a judgment for the unpaid amounts, fine, and interest, and for the costs and attorneys’ fees incurred by the City in bringing such civil action.
(d) Lien for Administrative Penalty. Where an activity or condition on San Francisco real property has caused, contributed to, or been a substantial factor in causing the violation, the Director may initiate proceedings to make any unpaid administrative penalty, enforcement costs, fine, and interest, and all additional authorized costs and attorneys’ fees, a lien on the property. Such liens shall be imposed in accordance with Administrative Code Sections 10.230-10.237, or any successor provisions. Before initiating lien proceedings, the Director shall send a request for payment under Administrative Code Section 10.230A.
(e) Revenue from Fines. Administrative fines collected under this Section 29.45 shall be used to support the Department of Public Health and its Health Code enforcement functions.
(g) Violation of Certain Health Code Sections as Nuisances. As stated in Health Code Section 581(b)(15), any violation of Sections 29.10, 29.17, 29.25, 29.27, or 29.31 of this Article 29 shall be considered a nuisance and may be subject to enforcement, penalty, or other action under Article 11 of this Code.
(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 as Sec. 29.27 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)
(a) The City Attorney may at any time institute civil proceedings for injunctive and monetary relief including civil penalties, against any Person for violations of this Article 29, without regard to whether the Director has issued a notice of violation, instituted abatement proceedings, scheduled or held a hearing on a notice of violation, or issued a final decision.
(b) At any time, the Director may refer a case to the City Attorney’s Office for civil enforcement, but a referral is not required for the City Attorney to bring a civil action under subsection (a).
(c) Action for Injunction and Civil Penalty. Any Person that violates any provision of this Article 29 shall be enjoined and shall be subject to a civil penalty in an amount not to exceed $1,000 for each day such violation is committed or permitted to continue, which penalty shall be assessed and recovered in a civil action brought in the name of the people of the City and County of San Francisco by the City Attorney in any court of competent jurisdiction. In assessing the amount of the civil penalty, the court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including but not limited to, the following: the nature and seriousness of the misconduct giving rise to the violation, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant’s misconduct, and the defendant’s assets, liabilities, and net worth.
(d) Attorneys’ fees. The prevailing party in any court case or special proceeding to enforce this Article 29
shall recover reasonable attorneys’ fees if the City Attorney elects, at the initiation of the action, to seek recovery of attorneys’ fees and provides notice of such intention to the adverse party or parties. In no court case or special proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the City.
(e) Remedies under this Section 29.46 are non-exclusive and cumulative to all other remedies available at law or equity.
(Added by Ord. 272-18, File No. 180757, App. 11/20/2018, Eff. 12/21/2018)
(Former Sec. 29.46 added as Sec. 1928.1 by Ord. 140-09, File No. 090403, App. 7/2/2009; redesignated as Sec. 29.28 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; repealed by Ord. 272-18, File No. 180757, App. 11/20/2018, Eff. 12/21/2018)
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