Chapter 6.40 — SPA AND BATHING ESTABLISHMENTS

It is the purpose and intent of the city council that the operation of spa, bathing and other similar establishments and persons offering services therein, wherein the principal function is the provision of baths and spa services, as defined in this chapter, should be regulated in the interests of public health, safety and welfare by providing minimum building sanitation and health standards for such establishments, and to ensure that persons offering services therein shall possess the minimum qualifications necessary to operate such businesses and to perform such services offered. It is further intended that these provisions provide a framework that is consistent with regulations imposed by nearby communities on similar businesses. (Ord. 988 § 1, (1973); Ord. 1426 § 2, (1990); Ord. 1431 § 1, (1991); Ord. 1484 § 2, (1993); Ord. 1750 § 2, (2005); Ord. 1894 § 1, (2013))

(a) It is unlawful for any person to operate, engage in, conduct, carry on, or permit to be operated, engaged in, conducted or carried on (as the owner of the business premises or in any other capacity) in or upon any premises within the city, the business of a spa, bathing or other similar establishment having baths or spa services as their principal function, all as defined herein, unless the person has first obtained an operator's permit for such a business from the city and the permit remains in effect in accordance with the provisions of this chapter.

(b) It is unlawful for any person to act as a spa or bathing practitioner as defined in this chapter
unless that person has first obtained a practitioner's permit from the city and the permit
remains in effect in accordance with the provisions of this chapter.
(Ord. 988 § 1, (1973); Ord. 1426 § 2, (1990); Ord. 1431 § 1, (1991); Ord. 1484 § 2, (1993);
Ord. 1750 § 2, (2005); Ord. 1894 § 1, (2013))

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Health officer" means the health officer of the County of San Mateo or the health officer's authorized representative.

"Instrument" means any tool or instrument, but does not include physical agent modalities, including light/laser therapy, ultrasound, phonophoresis, microcurrent, TENS, neuromuscular electrical stimulation (NMES), iontophoresis, interferential current, or HiVolt. Heat or cold packs are not considered instruments under this chapter.

"Operator" means any person who owns or operates a spa, bathing or similar establishment.

"Person" means any individual, partnership, firm, association, corporation, joint venture, or combination of individuals.

"Practitioner" means any person who administers a bath or health treatment involving baths or spa services as a principal function to another person for any consideration whatsoever.

"Spa, bathing or other similar establishment" means any establishment having a fixed place of business where baths or health treatments, involving hot tubs, saunas, or baths as the principal function, are given, engaged in or carried on, or permitted to be given, engaged in or carried on in any manner described in Section 6.40.030(g). "Spa, bathing, or other similar establishments" does not include massage services, or those services subject to independent regulation or certification under state or local law.

"Spa services" means any beauty and health treatment not subject to independent regulation or certification under state or local law. (Ord. 988 § 1, (1973); Ord. 1426 § 2, (1990); Ord. 1431 § 1, (1991); Ord. 1484 § 2, (1993); Ord. 1750 § 2, (2005); Ord. 1821 § 2, (2008); Ord. 1894 § 1, (2013))

If the applicant is 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. Each officer of the corporation or each partner in a partnership must submit an application and comply with Section 6.40.040. If one or more of the partners is a corporation, the provisions above pertaining to a corporate applicant apply. (Ord. 1431 § 1, (1991); Ord. 1484 § 2, (1993); Ord. 1750 § 2, (2005); Ord. 1894 § 1, (2013))

Any person, except as herein otherwise provided, desiring a permit to operate a spa, bathing or similar establishment having baths or spa services as their principal function shall first make application therefor for permit under this chapter by filing with the license collector a sworn application in writing on a form to be furnished by the license collector which shall give the following information; an operator-practitioner may make a single application and pay a single fee:

(a) Name, residence, and telephone number;

(b) The previous address of the applicant for the 10 years immediately prior to the present
address of the applicant;

(c) Social Security number and driver's license number, if any;

(d) Birth certificate or other written proof acceptable to the police department that the applicant
is at least 18 years of age;

(e) Fingerprints (taken by the police department for criminal history investigation) and three
portrait photographs at least two inches by two inches, taken within the last 60 days
immediately prior to the date of the filing of the application, showing the head and
shoulders of the applicant in a clear and distinct manner;

(f) Applicant's height, weight, color of eyes and hair;

(g) Business, occupation or employment of the applicant for the 10 years immediately
preceding the date of application;

(h) The business license and permit history of the applicant for similar businesses, whether
individually or as a member or part of a corporation, partnership, or other business,
wherever located. The history shall include a statement as to whether any previous permit or license in which the applicant was involved was revoked or suspended or any revocation
or suspension is pending, and the reasons for the previous or proposed revocation or
suspension;

(i) If the application is for a practitioner permit, the name and address of the establishment
where the applicant is to be employed and the name of the operator of the same;

(j) Whether the applicant has ever been convicted of any crime, except misdemeanor traffic
violations. For each such conviction, a statement shall be made giving the place and court
in which the conviction occurred, the specific charge under which the conviction was
obtained and the sentence imposed as a result of the conviction;

(k) Whether any previous employer or person while employed by or with the applicant has been convicted in a court of competent jurisdiction of an offense involving conduct which requires registration under California Penal Code subsection 290, or a violation of subsection 266(i), 311 through 311.7, 314, 315, 316, 318, 318.5, 318.6, or 647(a), (b), (d), (h), (i), or (k) of the Penal Code;

(l) Proof of applicable certifications, if any, including, but not limited to, diplomas and
transcripts from schools providing coursework in the fields of the spa and bathing therapy;

(m) Such other identification and information necessary to discover the truth of matters
hereinbefore specified as required to be set forth in the application;

(n) A certificate executed under penalty of perjury from a medical doctor stating that the
applicant has, within 30 days immediately prior to the filing of the application, been
examined and found to be free from any infectious, contagious or communicable disease
capable of being transmitted through bathing and spa therapy;

(o) A separately signed waiver and release authorizing the city and its authorized agents, and
employees to obtain information and to conduct an investigation into the truth of the
statements made on the application and the qualifications and record of the applicant;

(p) Current certification in cardiopulmonary resuscitation and first aid from the American
Heart Association or the American Red Cross.

(q) If the application is for an operator's permit, the name and address of the owner and lessor
of the real property upon or in or from which the business is to be conducted. If the
applicant is not the owner of the real property, the owner of the real property must sign and
acknowledge the application.

(r) If the application is for an operator's permit, a safety plan including, but not limited to,
exterior lighting, parking lot security, and emergency access to the establishment.
(Ord. 988 § 1, (1973); Ord. 1426 § 2, (1990); Ord. 1431 § 1, (1991); Ord. 1484 § 2, (1993);
Ord. 1750 § 2, (2005); Ord. 1755 § 2, (2005); Ord. 1894 § 1, (2013))

The permits required by this chapter for operators shall not apply to hospitals, nursing homes, sanitariums, or other healthcare facilities duly licensed by the state of California. (Ord. 988 § 1, (1973); Ord. 1431 § 1, (1991); Ord. 1484 § 2, (1993); Ord. 1750 § 2, (2005); Ord. 1894 § 1, (2013))

The practitioner permit required by this chapter shall not apply to the following:

(a) Physicians, surgeons, chiropractors, osteopaths, acupuncturists, and physical therapists,
and occupational therapists duly licensed to practice in the state of California, but only
when engaged in the practice for which they are so licensed and in accordance with the
terms of the licensing.

(b) Nurses duly registered by the state of California, but only when engaged in the practice for
which they are so registered and in accordance with the terms of the registration.

(c) Employees of hospitals, nursing homes, sanitariums, or other health care facilities duly
licensed by the state of California, but only when engaged in the scope of their
employment, and only at their place of employment at the health care facility, and only
within the scope of and in conformance with the state license.

(d) Cosmetologists or barbers who are licensed by the state of California, but only when
engaged in the practice for which they are so registered and in accordance with the terms
of the registration.

(e) Accredited elementary school, high school, or college coaches and trainers employed by an
elementary, high school, or college, but only while acting within the scope of employment
to the school.

(f) Trainers of semi-professional or professional athletic teams, but only while acting within
the scope of employment to the team.

(g) Massage practitioners as defined and regulated under Chapter 6.39 of this code.
(Ord. 1750 § 2, (2005); Ord. 1821 § 3, (2008); Ord. 1894 § 1, (2013))

The issuance of a permit under this chapter shall not entitle the permittee to engage in any business or practice which for any reason is in violation of any law or ordinance and shall not entitle the holder thereof to carry on any business or practice unless he or she has complied with all the requirements under the other ordinances of the city and all other applicable laws, nor shall it entitle the permittee to carry on any business in any building or on any premises designated in such permit in the event that such business or premises are situated in a zone or locality in which the conduct of such business is a violation of any law. In particular, a permit issued under this chapter does not entitle any person to use physical agent modalities that require separate licensing by the state of California, including light/laser therapy, ultrasound, phonophoresis, microcurrent, TENS, neuromuscular electrical stimulation (NMES) iontophoresis, interferential current, or HiVolt. (Ord. 1821 § 4, (2008); Ord. 1894 § 1, (2013))

(a) All applications for initial permits shall be accompanied by a filing and investigation fee as established by resolution adopted by the city council from time to time, no part of which is refundable. Additional fees may be charged to cover costs of processing the applicant's fingerprints by the state of California and for the medical examiner's competency examination.

(b) Upon receipt of a complete operator's application, the license collector shall refer the
application to the director of community development, building official, the fire department
and the police department, each of which within a period of 30 days from the date of filing
the application shall inspect the premises proposed to be used as a spa or bathing
establishment, interview the applicant or any other person and make any other investigation
necessary to make a written recommendation to the police department; provided that the 30
days may be extended for such period as may be necessary to obtain fingerprint records
from the appropriate state agency.

(c) Applications for practitioner permits shall be referred only to the police and community
development departments. The community development department shall provide its
findings to the police department within 30 days of the filing of a complete application.
(Ord. 988 § 1, (1973); Ord. 1431 § 1, (1991); Ord. 1484 § 2, (1993); Ord. 1750 § 2, (2005);
Ord. 1806 § 5, (2007); Ord. 1823 § 8, (2008); Ord. 1894 § 1, (2013))

At the time of an initial application for an operator's permit, applicant shall also apply for and furnish the information necessary to obtain a business license as required by Chapter 6.04 of this code. No business license shall beissued until the investigation under this chapter is completed and the permit to operate is approved. The business license shall then be issued upon payment of the business license fee as provided in Chapter 6.04 of this code. (Ord. 988 § 1, (1973); Ord. 1431 § 1, (1991); Ord. 1484 § 2, (1993); Ord. 1750 § 2, (2005); Ord. 1894 § 1, (2013))

(a) Upon receipt of the investigation reports from each of the departments to whom the application has been referred, the police department shall issue the requested permit if all required information has been furnished and the reports filed find that:

(1) If the application is for an operator's permit, the establishment as proposed would
comply with all and not violate any applicable laws, including, but not limited to, the
city's building, fire, health and zoning regulations;

(2) The applicant has not been convicted in a court of competent jurisdiction of an offense
involving:

(A) Conduct that requires registration under Penal Code Section 290, or

(B) Violations of Penal Code Sections 266(1), 311, 311.1, 311.2, 311.3, 311.4,
311.5, 311.6, 311.7, 311.10, 311.11, 314, 315, 316, 318, 318.5, 318.6, 459, 518,
or 647(a), (b), (d) or (h), or comparable provisions of the laws of any other state,
the United States, or any other country, or

(C) Any other offense involving sexual misconduct with a child;

(3) The applicant has not been convicted of the use of force or violence upon another,
provided that misdemeanor convictions shall be a basis for denial for a period of five
years from the date of conviction;

(4) The applicant has not knowingly and with intent to deceive made any false,
misleading or fraudulent oral or written statements in the permit application or to any
person investigating the application;

(5) The applicant does not have an infectious, contagious or communicable disease that
could be transmitted through the provision of bathing or spa services, and is not in
violation of any federal, state or local health law or regulation;

(6) The city has not denied a previous application by the applicant for an operator's or
practitioner permit within the 12 months immediately preceding the date of the
application.

(b) The permit shall be denied if all of the above findings cannot be made or if all of the
information required is not supplied to the city. If denied, the reasons therefor shall be
endorsed upon the application, and the police department shall notify the applicant of the
disapproval with a copy of the application upon which the reasons have been endorsed by
first class mail.
(Ord. 988 § 1, (1973); Ord. 1431 § 1, (1991); Ord. 1484 § 2, (1993); Ord. 1750 § 2, (2005);
Ord. 1833 § 2, (2008); Ord. 1894 § 1, (2013))

If a permit is denied, applicant has 10 days from the date of mailing the notice within which to appeal to the city council by filing a written application for a public hearing with the clerk of the city. Notice and a public hearing shall be given as follows:

(a) Upon receipt of the appeal, the city clerk shall set the matter for hearing before the council,
at a regular meeting thereof, within 30 days from the date of filing the appeal, and shall
give written notice of the hearing to the applicant at the applicant's address set forth in the
appeal by first class mail at least 10 days prior to the hearing date.

(b) On the date set, the council shall hear the matter, and may continue it from time to time
before reaching a decision. If the council finds that the applicant has satisfactorily met all
of the requirements of this chapter, it shall order the issuance of the permit and business
license. If it finds that the requirements have not been met satisfactorily, it shall deny the
permit.

(c) All findings of the council shall be final and conclusive upon the applicant.
(Ord. 988 § 1, (1973); Ord. 1431 § 1, (1991); Ord. 1484 § 2, (1993); Ord. 1750 § 2, (2005);
Ord. 1894 § 1, (2013))

All spa, bathing or other similar establishments shall comply with the following operating and sanitation requirements:

(a) Sanitation and Conduct. All establishments shall comply with the following minimum
sanitation requirements:

(1) Employees and Practitioners. All employees in spa and/or bathing establishments
shall perform their work fully clothed, be clean and wear clean outer garments whose
use is restricted to the establishment. Doors to dressing rooms, bathing rooms, and treatment rooms shall open inward, and shall not be locked. Draw drapes, curtain
enclosures, or accordion-pleated closures are acceptable on all inner dressing and
treatment rooms in lieu of doors. Separate dressing rooms and toilet facilities
complying with the city building codes shall be provided for each sex.

(2) Linens. All establishments shall be provided with clean, laundered linens in sufficient
quantity and shall be laundered after each use thereof and stored in closed, sanitary
cabinets. Heavy white paper may be substituted for sheets provided that such paper is
used only once for each person and then discarded into a sanitary receptacle. Sanitary
approved receptacles shall be provided for the storage of all soiled linens.

(3) Facilities. At least one entrance door allowing access to the establishment and any
building it may be in; shall remain unlocked during business hours; notwithstanding
this provision, the facility shall also comply with exiting and entrance requirements
of other applicable laws and regulations. All premises and facilities shall be
maintained in a clean and sanitary condition, and shall be thoroughly cleaned each
day of operation. The premises and facilities shall meet all code requirements of the
city as to safety of the structure, adequacy of plumbing, heating, ventilation and
waterproofing of rooms where showers, water or steam baths are given.

(4) Patron Facilities. Patrons of the establishments shall be furnished with securable
locker facilities, for which the patron has the control of the key or lock, and security
deposit facilities for the protection of their valuables.

(5) Hours. Spa and bathing establishment operations shall be carried on or conducted,
and the premises shall be open, only between the hours of 7:00 a.m. and 9:00 p.m.
The hours stated here are the maximum permitted hours; actual hours may be further
limited by applicable zoning or use permit restrictions.

(6) Disabled Access. Each establishment shall be disabled accessible with restrooms available with disabled access.

(7) Changing Rooms. Each establishment shall provide separate restroom and changing rooms for male and female patrons.

(8) No Residential Use. No part of the establishment shall be used for residential or sleeping purposes. No cooking or food preparation will be allowed on the premises unless a full service kitchen is installed. Such kitchen will be for the sole use of employees, and will be installed in an employees-only area. The full service kitchen will have a minimum of a sink with hot and cold running water, a refrigerator, a stove, and sufficient cabinets to store cooking utensils.

(Ord. 988 § 1, (1973); Ord. 1426 § 2, (1990); Ord. 1431 § 1, (1991); Ord. 1484 § 2, (1993); Ord. 1750 § 2, (2005); Ord. 1894 § 1, (2013))

The investigating officials of the city, including the health officer, shall have the right to enter the premises from time to time during regular business hours for the purpose of making reasonable inspections to observe and enforce compliance with the provisions of this chapter and building, fire, electrical, plumbing or health regulations. (Ord. 988 § 1, (1973); Ord. 1431 § 1, (1991); Ord. 1484 § 2, (1993); Ord. 1750 § 2, (2005); Ord. 1894 § 1, (2013))

(a) Each applicant for an operator's permit shall post with the city clerk, a surety in the principal sum amount of $10,000 either in cash or executed as surety by good and sufficient corporate surety authorized to do a surety business in the state of California and as principal by the applicant. The form of the bond shall have been approved by the city attorney and shall provide that should the applicant be issued a permit under this chapter which is subsequently suspended or revoked, the city shall be reimbursed from such bond for all costs of any investigation or other proceedings related to the suspension or revocation.

(b) If a holder of an operator's permit under this chapter successfully completes 24, consecutive
months in actual operation under the permit without any suspension of the permit or the
filing of any criminal or civil complaint regarding operations under the permit by either a
city attorney, a district attorney, the California Attorney General, or a United States
Attorney, the permitholder may request the city to release the surety bond, which the city
shall do upon verification that no such suspension or complaint filing has occurred during
the period. However, if at any time following such a release of the surety bond, the city
determines that the permitholder is conducting its operations in violation of this chapter,
the chief of police may order the posting of a surety bond in accordance with subsection (a)
above as a condition of continued operations under the permit.
(Ord. 1484 § 2, (1993); Ord. 1689 § 2, (2002); Ord. 1750 § 2, (2005); Ord. 1894 § 1, (2013))

(a) Upon sale, transfer or relocation of a spa, bathing or similar establishment, the permit shall not be transferable without the written approval of the chief of police and the finance director. An application for such a change shall be accompanied by a nonrefundable filing and investigation fee as established by resolution adopted by the city council from time to time and provide all of the information required in Section 6.40.040. (Ord. 1484 § 2, (1993); Ord. 1750 § 2, (2005); Ord. 1823 § 9, (2008); Ord. 1894 § 1, (2013))

(a) Any spa, bathing or similar establishment permit, or practitioner permit issued under this chapter shall be subject to suspension or revocation by the city manager for violation of, or for causing or permitting violation of, any provision of this chapter or for any grounds that would warrant the denial of such permits in the first instance.

(b) Prior to the suspension or revocation of any permit issued under this chapter, the permittee
shall be entitled to a hearing before the city manager or the manager's designated
representative, at which time evidence will be received for the purpose of determining
whether or not the permit shall be suspended or revoked or whether the permit may be
retained. In the event the permit is suspended or revoked, the notification of the reasons for
such suspension or revocation shall be set forth in writing and sent to the permittee by
means of first class mail. The manager may impose conditions or restrictions on the permit
in lieu of suspension or revocation to attempt to eliminate violations or nuisances that have
been found.

(c) In the event of suspension or revocation of any permit, the permittee may appeal to the city
council in the manner as provided in Section 6.40.090.
(Ord. 1484 § 2, (1993); Ord. 1750 § 2, (2005); Ord. 1894 § 1, (2013))

No person granted an operator's permit pursuant to this chapter shall begin operations until a recognizable and legible sign has been posted at the main entrance to the permit premises. All permits granted shall be posted within the establishment in a location immediately available for inspection for representatives of the city. No person granted a permit pursuant to this chapter shall operate under any other name or at any other location than that specified in the permit. (Ord. 1484 § 2, (1993); Ord. 1750 § 2, (2005); Ord. 1894 § 1, (2013))

All persons granted permits pursuant to this chapter shall report immediately to the city finance department and the police department all changes of residence or business address or change of ownership of the establishment or service. Failure to give such notice within 15 days of the event shall render the permit null and void. (Ord. 1484 § 2, (1993); Ord. 1750 § 2, (2005); Ord. 1894 § 1, (2013))

Each permit shall be renewed annually, no less than 90 days prior to the anniversary date of its issuance. Any permit not renewed shall be null and void on such anniversary date. The investigation fee for renewals shall be as established by resolution adopted by the city council from time to time, no part of which is refundable. Additional fees may be charged to cover costs such as processing fingerprints. Prior to permit renewal being granted the permittee shall:

(1) Provide two photographs of passport size at least two inches by two inches showing the head and shoulders of the applicant in a clear and distinct manner taken with the 60 days immediately prior to filing the renewal application and current information concerning any changes to the facts set forth in the initial or immediately prior renewal application;

(2) Provide a new certificate, dated within 30 days of the renewal, from a medical doctor stating that the licensee is free from infectious, contagious or communicable diseases capable of being transmitted through spa and bathing therapies and provide a current certification in cardiopulmonary resuscitation and first aid from the American Heart Association or the American Red Cross;

(3) Obtain clearance from the police department that the permittee has had no arrests or convictions for violations listed in Section 6.40.080(a)(2) or (3) of this chapter since the permit was issued or last renewed;

(4) Provide copies of applicable certifications consistent with industry customs. However, this requirement does not apply if the original permit was approved before March 22, 2005.

Upon complete submission of this information together with the required filing fee, the permit shall be renewed.

(Ord. 1484 § 2, (1993); Ord. 1750 § 2, (2005); Ord. 1755 § 3, (2005); Ord. 1823 § 10, (2008); Ord. 1833 § 3, (2008); Ord. 1894 § 1, (2013))