Burlingame Municipal Code Ch. 6.42 Tanning Facilities

It is the purpose and intent of the city council that the operation of tanning facilities, 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.

(Ord. 1514 § 1, (1994))

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 of Burlingame, the business of a tanning facility or other similar establishment, unless a permit for such business has first been obtained from the police department of the city and remains in effect in accordance with the provisions of this chapter.

(Ord. 1514 § 1, (1994))

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 his or her authorized representative.

"Tanning facility"

means any establishment meeting the definition of Section 22702 of the Business and Professions Code of the State of California.

"Person"

means any individual, copartnership, firm, association, corporation, joint venture or combination of individuals.

(Ord. 1514 § 1, (1994))

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 6.42.040. If one or more of the partners is a corporation, the provisions above pertaining to a corporate applicant apply.

(Ord. 1514 § 1, (1994))

Except as otherwise herein provided, any person desiring a permit to operate a tanning facility or similar establishment or be employed in a tanning facility or similar establishment 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:

(a) Name, residence and telephone number;

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

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

(d) 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, which photographs shall show the head and shoulders of the applicant in a clear and distinct manner;

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

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

(g) The business license history of the applicant; whether such person, in previously operating in this or another city or state, under any license or permit, has had such license or permit revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation;

(h) If the application is for an employee permit, the name and address of the establishment where the applicant is to be employed and the name of the operator of the same;

(i) Whether such person has ever been convicted of any crime, except misdemeanor traffic violations. If any person mentioned in this subsection has been so convicted, a statement must be made giving the place and court in whichsuch conviction was had, the specific charge under which the conviction was obtained and the sentence imposed as a result of such conviction;

(j) 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 subsections 266(i), 311 through 311.7, 314, 315, 316, 318 or 647(a), (b), (d) or (h) of the Penal Code;

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

(l) The application will also include a separately signed waiver and release authorizing the city of Burlingame, its agents, and employees to seek information and to conduct an investigation into the truth of the statements made on the application and the qualifications and record of the applicant;

(m) An applicant for an operator's permit shall provide proof of liability insurance in the amount of not less than $500,000.

(Ord. 1514 § 1, (1994))

The permits required by this chapter shall not apply to a tanning facility employing two or fewer persons on its premises at any one time.

(Ord. 1514 § 1, (1994))

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. Upon receipt of an 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 tanning facility, interview the applicant or any other person and make any other investigation necessary to make a written recommendation to the police department, provided that said 30 days may be extended for such period as may be necessary to obtain fingerprint records from the appropriate state agency. Employee applications shall be referred only to the police department.

(Ord. 1514 § 1, (1994); Ord. 1806 § 7, (2007); Ord. 1823 § 14, (2008))

At the time of the application for a permit to operate, 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 be issued until the investigation is completed and the permit to operate is approved. The business license shall be issued upon payment of the business license fee as provided in Chapter 6.04 of this code.

(Ord. 1514 § 1, (1994))

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

(a) The character of the applicant is satisfactory;

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

(c) The applicant has not been convicted in a court of competent jurisdiction of an offense involving conduct which requires registration under California Penal Code subsection 290, or violations of subsections 266(i), 311 through 311.7, 314, 315, 316, 318, or 647(a), (b), (d) or (h) of the Penal Code;

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

(e) The applicant has a current cardiopulmonary resuscitation certificate and first aid card from the American Heart Association or the American Red Cross.

(Ord. 1514 § 1, (1994))

In the event a permit has been denied, applicant shall have 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 such hearing to the applicant at his or her address set forth in the appeal by first class mail at least 10 days prior thereto.

(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 and license.

(c) All findings of the council shall be final and conclusive upon the applicant.

(Ord. 1514 § 1, (1994))

All tanning facilities or other similar establishments shall comply with the following operating and sanitation requirements:

(a) Advertising. No such establishment granted a permit under the provisions of this chapter shall place, publish or distribute or cause to be placed, published or distributed, any advertising matter that describes or depicts any portion of the human body or any service in a manner which would reasonably suggest to prospective patrons that any service is available other than those services described in Section 22700 et seq., of the Business and Professions Code.

(b) Sanitation and other requirements. All establishments shall comply with the following minimum requirements:

(1) Employees. All employees shall perform their work fully clothed, be clean and wear clean outer garments. Doors to dressing rooms and tanning rooms shall open inward and shall not be closed if more than one person is present in the room. Draw drapes, curtain enclosures, or accordion-pleated closures are acceptable on all inner dressing and tanning rooms in lieu of doors.

(2) Each room and tanning bed shall be cleaned after each use and shall be sanitized in accordance with common health practices and prevailing local and state health laws.

(c) Facilities. At least one entrance door, allowing access to the establishment and any building it may be in, shall remain unlocked during business hours. 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, and ventilation.

(d) Hours. Business shall be carried on or conducted, and the premises shall be open, only between the hours of 7:00 a.m. and 10:00 p.m.

(e) Handicapped Areas. Each establishment must have handicap access and restrooms equipped for handicapped patrons.

(f) Records. Every establishment shall keep a written record of the name and address of each patron and the date and hour of service, and of all hours worked by employees. Such written record, as well as those required by Business and Professions Code Sections 22700 et seq., shall be open to inspection only by officials charged with the enforcement of this chapter and for no other purpose. Such records will be kept on the premises of the establishment for a period of two years.

(g) 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.

(h) At no time shall employees apply tanning liquids or otherwise touch or come into physical contact with customers.

(i) No alcohol shall be allowed on the premises.

(Ord. 1514 § 1, (1994))

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. 1514 § 1, (1994))

Every 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 a 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 said bond for all costs of said any investigation or other proceedings related to said suspension or revocation.

(Ord. 1514 § 1, (1994))

Upon sale, transfer or relocation of a tanning facility, the permit and business license shall not be transferred without the written approval of the license collector. An application for such 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 6.42.040.

(Ord. 1514 § 1, (1994); Ord. 1823 § 15, (2008))

Any 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.

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 his or her designated representative, at which time evidence will be received for the purpose of determining whether or not such 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.

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 6.42.090.

(Ord. 1514 § 1, (1994))

No person granted a 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 bear the picture of the permittee and shall be posted within the establishment in a location immediately available for inspection for representatives of the city, including the permits for employees. 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. 1514 § 1, (1994))

All persons granted permits pursuant to this chapter shall report immediately to the license collector 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. 1514 § 1, (1994))

Every 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 filing and 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 must:

(a) Provide a new photograph and current information concerning any changes to the facts set forth in the application;

(b) Obtain clearance from the police department signifying that the permittee has had no arrests or convictions for violations of those penal code section listed in Section 6.42.080(c) of this code since the permit was issued or last renewed.

(Ord. 1514 § 1, (1994); Ord. 1823 § 16, (2008))