Daly City Municipal Code Ch. 5.53 Regulation of Tanning Services Establishments

A. Purpose.

1. It is the purpose and intent of the city council that the operation of tanning establishments be regulated in the interests of public health, safety and welfare by providing minimum building, sanitation and health standards; and to insure that persons offering tanning services shall possess the minimum qualifications necessary to operate such businesses and to perform such services offered; and to promote the health, security and sanitation of customers.

2. It is the intent of this chapter to enact regulations to insure that those offering tanning services are qualified and trained and can be expected to conduct their work in a lawful and professional manner. The city council finds that existing controls have not satisfactorily addressed or regulated serious police problems, nor have the existing controls regulated the profession so as to discourage the use of the profession for objectionable and illegal purposes.

B. Conflicts With Other Provisions of this Code. In the event of any conflicts or inconsistencies between the provisions of this chapter with the provisions of any other provision of this code, the provisions of this chapter shall control, unless to do so would be inconsistent with the stated purpose of this chapter.

C. Responsibility for Enforcement. The primary responsibility for enforcement of the provisions of this chapter shall be vested in the chief of police.

(Ord. 1244 § 2 (part), 1997)

For the purpose of this chapter, unless the particular provision or the context clearly requires a different meaning, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter:

"Chief of police" means the chief of the Daly City police department, or his or her duly authorized agents and representatives.

"City means the city of Daly City.

"City council" means the city council of the city of Daly City.

"City manager" means the city of Daly City's city manager, or his or her duly authorized agents and representatives.

"Days" means calendar days, unless otherwise specified.

"Permit" means the city-issued permit to engage in the business activity of operating a tanning establishment.

"Permittee" means a person, as defined herein, who has obtained a tanning establishment permit. In the context of a tanning establishment permit, permittee shall include the owner, operator, manager, and/or responsible officer.

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

"Tanning establishment" means an establishment having a fixed place of business where for consideration customers are provided with access to any tanning device as defined in Section 22702 of the California Business and Professions Code.

(Ord. 1244 § 2 (part), 1997)

It is unlawful for any person to engage in, conduct or carry on, or permit to be engaged in, conducted or carried on in or upon any premises within the city, the operation of a tanning establishment without first having obtained a permit issued by the chief of police pursuant to the provisions hereinafter set forth. A permit shall be valid for twelve months from the date of issuance, unless earlier revoked or suspended.

(Ord. 1244 § 2 (part), 1997)

A tanning establishment shall obtain a city business license and pay the required city business license tax for such business and occupation.

(Ord. 1244 § 2 (part), 1997)

The following provisions shall apply to the permit application process:

A. Any person desiring to obtain a permit to operate a tanning establishment shall make application to the chief of police.

B. Each application for a massage establishment permit shall be accompanied by a nonrefundable fee. The fee paid shall be to defray in part the cost of the investigation and report required by this chapter. This tanning establishment permit application fee shall be determined from time to time by the city council by resolution to properly reflect cost recovery it deems appropriate. A copy of the receipt for the nonrefundable fee shall accompany the application.

C. The tanning establishment permit application and fee required under this section shall be in addition to any license, permit, or fee required under any other section of this code or other city law or regulation.

D. The application and fee for a tanning establishment permit does not authorize a tanning establishment to operate until such permit has been granted and the business license tax has been paid to the city's finance department.

1. Each applicant for a permit shall submit all of the information and/or documents specified in Section 5.52.060 (E)(1)—(21), (23) and (24) of Title 5 of the Municipal Code together with a statement in writing that the applicant certifies under penalty of perjury that the information contained in the application is true and correct.

2. Proof of general commercial liability insurance in the amount of not less than five hundred thousand dollars per occurrence.

(Ord. 1244 § 2 (part), 1997)

The procedures and standards set forth in Sections 5.52.070 and 5.52.220 of Chapter 5.52 of Title 5 of the Municipal Code shall govern the investigation, approval, denial and appeal of a tanning establishment permit.

(Ord. 1244 § 2 (part), 1997)

No person shall engage in, conduct or carry on any tanning establishment activity or conduct unless each and all of the following requirements are met:

A. Hours of operation shall be between the hours of seven a.m. and ten p.m. No tanning establishment shall be open and no customer shall be in the establishment between ten p.m. and seven a.m.

B. A list of services available and the cost of such services shall be posted in an open public place within the premises and they shall be described in readily understandable language. No owner, operator, manager and/or responsible officer shall permit, and no person shall offer or perform, any service other than those posted.

C. The tanning establishment permit shall be displayed in an open and conspicuous place on the premises.

D. Every tanning establishment shall keep a written record of:

a. The date and hour of each service provided;

b. the name of each patron and the service received; and

c. The name of the person administering the service.

The records shall be open to inspection only to city officials, including, but not limited to, the police department and the city attorney's office, which is charged with enforcement of this chapter. These records may not be used by the permittee for any other purpose than as records of service provided and they shall not be provided to other parties by the tanning establishment or service. The records shall be retained on the premises of the tanning establishment business office for a period of not less than two years.

E. Tanning establishments shall at all times be equipped with an adequate supply of clean sanitary towels, coverings and linens. Clean towels, coverings and linens shall be stored in enclosed cabinets. Towels and linens shall not be used on more than one patron unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one patron. Soiled linens and paper towels shall be deposited in separate receptacles.

F. Each room and tanning bed shall be cleaned after each use and shall be sanitized as needed and in accordance with any applicable law.

G. All employees shall wear clean, nontransparent outer garments. The garments shall not expose their genitals, pubic areas, buttocks or chest.

H. No person shall enter, be or remain in any part of a tanning establishment while in possession of an open container of alcohol, or while consuming or using any alcoholic beverage or illegal drugs. The owner, operator, manager and/or responsible officer shall not permit any such person to enter or remain upon such premises.

I. No tanning 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 depicts any portion of the human body that would reasonably suggest to prospective customers that any service is available other than those services described in Section 5.53.020 of this chapter, nor shall any establishment employ language in the text of such advertising that would reasonably suggest to a prospective patron that any service is available other than those services as described in Section 5.53.020 of this chapter.

J. No tanning may be carried on within any cubicle, room, booth or any area within an establishment which is fitted with a door capable of being locked. All doors to dressing rooms and tanning rooms shall open inward. Draw drapes, curtain enclosures or accordion-pleated closures are acceptable on all inner dressing and tanning rooms in lieu of doors.

K. At no time shall employees apply tanning or other liquids or substances to the external parts of the body of a customer or engage in physical contact with a customer.

L. All exit doors shall comply with the requirements of the most recent editions of the Uniform Building Code and Uniform Fire Code.

(Ord. 1244 § 2 (part), 1997)

Every tanning establishment shall maintain facilities meeting the requirements of Section 5.52.090 of the Municipal Code.

(Ord. 1244 § 2 (part), 1997)

The city officials charged with investigating and enforcing compliance with this chapter, including, but not limited to the city's police department, fire department, and the city's building official, or their designees, 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 building, fire, electrical, plumbing or health regulations, and to enforce compliance with applicable regulations, laws and the provisions of this chapter.

(Ord. 1244 § 2 (part), 1997)

No tanning establishment permit may be sold, transferred or assigned by the permittee, or by operation of law, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be deemed terminated and void, except for the following:

A. If the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without affecting a surrender or termination of such permit. In each case the permittee shall thereafter be deemed to be the surviving partner(s); or

B. If the permit is issued to a corporation, stock may be sold, transferred, issued, or assigned to stockholders who have been named on the application. If any stock is sold, transferred, issued, or assigned to a person not listed on the application as a stockholder, the permit shall be deemed terminated and void unless the new stockholders are identified within ten days of transfer and they meet all requirements under this chapter for stockholders.

(Ord. 1244 § 2 (part), 1997)

The following is applicable to a change of location or a change of name:

A. A change of location of a tanning establishment may be approved by the chief of police, with the prior approval of the director of economic and community development and the fire chief, or their designated representatives, provided all ordinances and regulations of the city are complied with prior to the relocation or change of name. This may include applying for and receiving land use approvals, such as a use permit or variance.

B. No permittee shall operate or conduct any tanning establishment under any name or designation not specified in the approved permit.

C. Any application for an expansion of a building or other place of business of a tanning establishment shall require compliance with this chapter; no expansion of a nonconforming location shall be permitted.

(Ord. 1244 § 2 (part), 1997)

Renewal of permits for tanning establishments shall be as follows:

A. Tanning establishment permits shall expire on the one-year anniversary date of issuance, unless sooner suspended or revoked.

B. At least thirty days prior to expiration of the one-year permit period, holders of the respective permit(s) shall apply for renewal. If the renewal request is not timely submitted, upon expiration of the year period for the permit, the permit shall be deemed expired and no privilege to provide tanning services shall exist until a new application has been approved.

C. A renewal fee shall be paid in a sum that shall be determined from time to time by the city council by resolution to properly reflect cost recovery it deems appropriate.

D. The procedure for renewal shall be the same as issuance of a new permit, except that, in lieu of resubmitting information previously provided in conjunction with the original permit application, the applicant may submit a written statement, under penalty of perjury, identifying changes, if any, in any information submitted at the time of the original permit application.

E. Applicants for renewal must obtain a written statement from the chief of police that the permittee has not been convicted of violating this chapter or those sections of the Penal Code or Government Code listed in Section 5.53.070 since the permit was last issued and has not been convicted of violating the provisions of this chapter.

(Ord. 1244 § 2 (part), 1997)

Pre-existing permits for massage establishments shall be treated as follows:

A. The provisions of this chapter shall be applicable to all persons and businesses whether the business was established before or after the effective date of this chapter, except that a tanning establishment legally in business prior to the effective date of this chapter shall have until the expiration of their current permit, or a period of six months from the effective date, whichever is greater, to comply with the provisions of this chapter. An application for renewal of an existing tanning establishment permit shall comply with the provisions of this chapter.

(Ord. 1244 § 2 (part), 1997)

A. All tanning establishments shall comply with any distance restrictions and zoning requirements applicable to establishments which the city may adopt now or hereafter as part of Title 17 of the Municipal Code.

B. Any tanning establishment legally existing on the effective date of this chapter shall comply with any such zoning provisions within five years of the effective date of such zoning provisions. Any such use which at the expiration of such period is not in compliance with any applicable distance restrictions set forth in Title 17 shall at that time discontinue and abate its operation.

(Ord. 1244 § 2 (part), 1997)

Prohibited conduct shall include, but not be limited to the following prohibited conduct:

A. It is unlawful for: (1) any person present on the business premises to touch the genital area of any patron or (2) for any permittee of a tanning establishment to allow or permit such touching.

B. It is unlawful for: (1) any employee to be other than fully clothed at all times in nontransparent clothing that does not expose their genitals, pubic area, buttocks or chest or (2) for any permittee of a tanning establishment to allow or permit clothing that does not conform to this requirement.

C. It is unlawful for any permittee of a tanning establishment permit to violate any of the requirements of this chapter.

(Ord. 1244 § 2 (part), 1997)

The chief of police may revoke or suspend a tanning establishment permit if any of the following are found:

A. The permittee does not possess the qualifications for the permit as required by this chapter;

B. The permittee has been convicted of any violation of the provisions of this chapter or any lesser included offense;

C. The permittee has made a material misrepresentation on the permit application or renewal; or

D. The permittee has operated the tanning establishment in a manner which violates any of the provisions of this chapter, any conditions of the permit, or any of the laws which would have been grounds for denial of the permit.

For purposes of this section, the permittee of a tanning establishment permit shall include the responsible officer. Furthermore, the permittee shall be responsible for those acts of employees which are done in the course and scope of their employment.

(Ord. 1244 § 2 (part), 1997)

The procedures and standards set out in Sections 5.52.070 and 5.52.220 of the Municipal Code shall govern the revocation, suspension and appeal of tanning establishment permits.

(Ord. 1244 § 2 (part), 1997)

Pursuant to the city's prosecutorial discretion, the city may enforce violations of the provisions of this chapter as criminal, civil or administrative actions.

A. Infraction/Misdemeanor. Any person who violates any of the provisions of this chapter shall be guilty of an infraction or misdemeanor. Each and every day, or any part thereof, during which any such violation is committed, continued or allowed, shall be a separate offense.

B. Prosecution. Every violation of this chapter shall be a misdemeanor; provided, however, that where the city attorney has determined that such action would be in the best interest of justice, the city attorney may specify in the accusatory pleading or citation, that the violation shall be prosecuted as an infraction.

C. Penalty for Infraction. Each and every violation of this chapter deemed an infraction is punishable by:

1. A fine not exceeding one hundred dollars for the first violation;

2. A fine not exceeding two hundred dollars for the second violation of the same or similar provision within one-year period; or

3. A fine not exceeding five hundred dollars for each additional violation, after the second, of the same or similar provision of this chapter within a one-year period of the first violation.

D. Penalty for Misdemeanor. Each and every violation of this chapter which is deemed a misdemeanor is punishable of not more than one thousand dollars, or by imprisonment in the city or county jail for a period of not exceeding six months, or by both penalty and imprisonment.

E. Civil Penalties. Any person who violates any provisions of this chapter shall be civilly liable to the city in a sum up to one thousand dollars for the first day in which such violation occurs and for each additional day.

Any tanning establishment operated, conducted or maintained contrary to the provisions of this chapter is unlawful and a public nuisance, and the city attorney may in the exercise of discretion, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in a manner provided by law.

(Ord. 1244 § 2 (part), 1997)