San Mateo Municipal Code Ch. 5.49 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 and by licensing operators.

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 or as a person in a management capacity), the business of a tanning facility or other similar establishment, unless a permit has first been obtained pursuant to this chapter and remains in effect in accordance with the provisions of this chapter.

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

(a) "Health officer" means the health officer of the City of San Mateo or his or her authorized representative.

(b) "Tanning facility" means any establishment meeting the definition of Section 22702 of the Business and Professions Code of the State of California. A facility shall be a "tanning facility" if it provides tanning services whether as the principal or minor function of the business.

(c) "Person" means any individual, copartnership, firm, association, corporation, joint venture or combination of individuals.

A tanning facility and off-premises service shall pay the required business license tax for such business and occupation.

The permit provisions of this chapter shall not apply to the following classes of individuals or businesses while engaged in the performance of their duties; however, all other provisions such as Section 5.49.070 and 5.49.080 shall apply:

(a) Licensed medical facilities or practitioners or employees.

(a) Any person, corporation, or partnership required to have a permit as set forth in Section 5.49.020 shall make application to the Chief of Police or his or her authorized representative. Prior to submitting such application, a non-refundable fee of $200 for each tanning booth at the establishment up to a maximum of $1000 or such sum set forth in the City Fee Schedule, shall be paid to defray in part the cost of the investigation and report required by this chapter. A copy of the receipt shall accompany the application.

(b) The application and fee required under this section shall be in addition to any license, permit or fee required under any other chapter of this Code.

(c) The application for permit does not authorize a tanning facility to operate until such permit has been granted.

(d) Each applicant for a permit shall submit the following information under penalty of perjury:

(1) The full true name under which the business will be conducted.

(2) The present or proposed address where the business is to be conducted.

(3) The applicant's full, true name, and other names used, date of birth, California drivers license number or California identification number, social security number (unless prohibited by law), present residence address and telephone number. The sex, height, weight, color of hair, and color of eyes. Such other identification and information shall be provided as required by the Chief of Police or his or her representative, necessary to discover the truth of the matters specified and required in the application.

(4) Previous two (2) residences of the applicant and the inclusive dates at each address.

(5) The applicant's business, occupation, and employment history for five (5) years preceding the date of application, and the inclusive dates of same.

(6) The permit history of the applicant, whether such person has ever had any permit or license issued by any agency, board, city, county, territory, or state; the date of issuance of such a permit or license, whether the permit or license was revoked or suspended; or if a vocational or professional license or permit was issued, revoked, or suspended and the reason therefor.

(7) All convictions for any crime involving conduct which requires registration under California Penal Code Section 290, or convictions of California Penal Code Sections 314, 415, 316, 318, 647(a), (b), (as now written or as amended), or convictions of crimes designated in Government Code Section 51032(b) or Business and Professions Code Section 22702 et. seq., or any crime involving dishonesty, fraud, deceit, violence or moral turpitude. Convictions under the laws of other states or countries which proscribe the same conduct or similar conduct as the adore-designated California crimes shall be provided. Convictions that have been expunged must be reported. All injunctions for nuisances under Penal Code Section 11225 or similar laws.

(8) A complete definition of all services to be provided.

(9) The name, address, and date of birth of each employee who is or will be employed in the facility.

(10) The name and address of any massage business, tanning facility, or other like establishment owned or operated by any person whose name is required to be given pursuant to this section.

(11) Acceptable written proof that the applicant is at least eighteen (18) years of age.

(12) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter together with the state and date of incorporation and the names and residence addresses of each of its current officers and directors, and of each stockholder holding more than five (5%) percent of the stock of that corporation.

(13) If the applicant is a partnership, the application shall set forth the names and residence address of each of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the County Clerk. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporate applicants shall apply to the corporate partner.

(14) The applicant, corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer/employee. Such person shall complete and sign all application forms required of an individual applicant under this chapter. The corporation's or partnership's responsible managing officer must, at all times, meet all of the requirements set for permittees by this chapter or the corporation or partnership permit shall be suspended until a responsible managing officer who meets such requirements is designated. If no such person is found within ninety (90) days, the corporation or partnership permit is deemed canceled and a new application for permit must be filed.

(15) The Chief of Police or authorized representative may require the applicant to furnish fingerprints when needed for the purpose of establishing identification. Fingerprinting will be taken at a place designated by the Chief. Any required fingerprinting fee will be the responsibility of the applicant.

(16) Two (2) photographs of the applicant and managing responsible officer to be taken by the Police Department.

(17) A description of any other business to be operated on the same premises, or on adjoining premises, owned or controlled by the applicant.

(18) The name and address of the owner and lessor of the real property upon or in which the business is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized acknowledgement from the owner of the property that a tanning facility will be located on his or her /her property.

(19) Authorization for the City of San Mateo, its agents and employees, to seek information and conduct an investigation into the truth of the statements set forth in the application and into the background of the applicant and the responsible managing officer.

(20) Proof of tanning facility malpractice insurance in the sum of not less than $100,000 per tanning booth, up to a maximum of $500,000.00.

(21) The applicant shall submit any change of address or fact which may occur during the procedure of applying for a tanning facility permit.

(22) A certificate of compliance from both the City of San Mateo Code Enforcement Division and the health officer for the City of San Mateo (as designated by the City Manager) which certifies that the premises of the tanning facility meet all applicable codes and regulations must be submitted prior to application approval. Any required inspection fees shall be the responsibility of the applicant.

(e) The Chief of Police or authorized representative shall have up to sixty (60) days, after submission of all required information, including the required certificates of compliance, to investigate the application and the background of the applicant. Upon the completion of the investigation, the Chief of Police shall grant the permit, with or without conditions, if the Chief finds in the exercise of discretion all of the following:

(1) The required fee has been paid.

(2) The application conforms in all respects to the provisions of this chapter and to other laws.

(3) The applicant has not made a material misrepresentation in the application.

(4) The applicant, if an individual, or any of the stockholders of the corporation, or any officers or director, if the applicant is a corporation; or a partner if the applicant is a partnership, or the managing responsible officer has not been convicted within 5 years preceding application in a court of competent jurisdiction of an offense involving conduct which requires registration under California Penal Code Section 290, or of conduct which is a violation of the provisions of California Penal code Sections 314, 315, 316, 318, 647(a), (b), (as now written or as amended), violation of Chapter 5.44 of the Municipal Code or of crimes that are designated in Government Code Section 51032(b) or Business and Professions Code Section 22702 et. seq., or any other crime involving dishonest, fraud, deceit, violence or moral turpitude; or that an injunction has not been issued under Penal Code Section 11225. Convictions under the laws of other states or countries which proscribe the same or similar conduct as the adore-designated California crimes shall be considered.

(5) Within 5 years preceding application, the applicant or managing responsible officer/employee has not had a massage establishment, off-premises service, massage practitioner, tanning facility, or other similar permit or license revoked, or suspended by the City of San Mateo, or any other state or local agency; or engaged in conduct or operated a tanning facility, massage or similar establishment in a manner that would be a grounds for revocation of a permit under this chapter or Chapter 5.44; or owned or managed a tanning facility or massage or similar establishment where persons required to be licensed were allowed to work without the required licenses.

(6) The applicant is at least eighteen (18) years of age.

(7) The permit as requested by the applicant would comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards.

(f) If the Chief of Police or authorized representative, following investigation of the applicant, in the exercise of his or her discretion, fails to make the findings stated in (e), the Chief shall deny said application by written notice to the applicant.

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.

(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. 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.

(4) Hours. Business shall be carried on or conducted, and the premises shall be open only between the hours of 7:00 a.m. and 10:30 p.m.

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

(6) 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.

(7) 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.

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

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

The investigating and enforcing officials of the City of San Mateo, including the health officer for the City of San Mateo, (as designated by the City Manager) 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 provisions of this chapter.

No 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; provided and excepting, however, that 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 and in each case the permittee shall thereafter be deemed to be the surviving partner(s). 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 10 days of transfer and they meet all requirements under this chapter for stockholders.

(a) A change of location of a tanning facility may be approved by the Chief of Police, the Director of Community Development, and the Fire Chief, or their designated representatives, provided all ordinances and regulations of the City of San Mateo are complied with.

(b) No permittee shall operate under any name any facility under any designation not specified in the approved permit.

(c) Any application for an expansion of a building or other place of business of a tanning facility shall require compliance with this chapter; no expansion of a non-conforming location shall be permitted.

The holder of the permit shall notify the Chief of Police, in writing, of the name and address of each person employed as such facility within five (5) days of this person's being employed. The requirements of this section are in addition to the other provisions of this chapter.

Permits shall expire on the anniversary date of its issuance unless sooner suspended or revoked. Permittees shall have thirty (30) days from the date of expiration to renew their permit and may apply 30 days prior to expiration. If, upon the thirty-first day an application of renewal has not been received, the permit shall be deemed suspended until such time as the renewal application has been received. If a renewal application and all required information for the renewal is not received within 60 days after expiration, the license shall be deemed expired and no privilege shall exist.Renewals shall be processed and investigated and the applicant is required to submit that information which has changed from the last application or renewal. A renewal fee in the sum as set forth in the City Fee Schedule shall be charged to pay, in part, the cost of the investigation required by this chapter.

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 facilities legally in business prior to the effective date shall have 30 days to file for a permit and to comply with the provisions of this chapter.

The Chief of Police or authorized representative may revoke or suspend a permit if any of the following are found: the permittee does not possess the qualifications for the permit as required by this chapter; has been convicted of any violation of the provisions of this chapter or any lesser included offense; has made a material misrepresentation on the permit application or renewal; has engaged in conduct or operated the tanning facility in a manner which violates any of the mandatory 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, permittee shall include the managing responsible officer or employee. Further, the permittee shall be responsible for those acts of its employees which are done in the course and scope of their employment by the permittee.A hearing shall be scheduled upon not less that 10 calendar days notice to the permittee stating the grounds for proposed revocation or suspension. Notice shall be given by personal service or certified mail to the address shown on the last application or renewal. If reasonable attempts to otherwise serve are not successful, service may be provided by first class mail.Notice of the decision shall be given in the same manner as for the hearing. The decision of the Chief of Police or authorized representative may be appealed by the permittee to the City Manager within 15 calendar days of service by filing written notice of appeal with the City Manager's office stating the basis for the appeal and the errors claimed to have occurred. If the permit is suspended or revoked, the permit shall be surrendered.Service shall be deemed complete when personal service is made, when the certified letter is delivered, or when the decision is mailed by first class mail.

The permittee or applicant, not later than 15 calendar days after service of notice of revocation, suspension, denial of application or renewal or approval with conditions, may file an appeal by filing a written statement of such appeal, including the grounds for the appeal and the asserted errors in the decision, with the City Clerk.The City Manager or designee shall review the record of the hearing below including a transcript or a tape of the hearing. No further testimony shall be taken. The Manager or designee shall also allow oral argument not to exceed 15 minutes per side. Notice of the time for appeal argument shall be given by personal service or certified mail to the address shown on the last application or renewal. If reasonable attempts to otherwise serve are not successful, service may be provided by first class mail.After the argument, the City Manager or designee shall render a written decision within ten (10) working days from the date the matter is submitted for decision. The action of the City Manager or designee shall be final and conclusive. The decision shall be served upon the permittee pursuant to the procedures for scheduling the argument.Service shall be deemed complete when personal service is made, or when the notice is mailed by first class mail, whichever is earlier.

Unless otherwise specifically prohibited by law, the burden of proof is on the permittee/applicant in any hearing or other matter under this chapter.

Any facility operated, conducted, or maintained contrary to the provisions of this chapter shall be 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.

If any provision(s) of this ordinance is declared invalid by a court of competent jurisdiction, it is the intent of the City Council that such invalid provision(s) be severed from the remaining provisions of the ordinance so that regulation and control of tanning facilities may remain in place.