(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)