HomeMy WebLinkAboutORD 3113r----------------,JII(~~··...,....------------------------
• • ORIGINAL
ORD!HAnCE IJO. 3113
ORDIHAHCE OF THE COUNCIL OF THE CITY OF PALO ALTO
Al1ENDIHG TITLE 4 OF THE PALO ALTO HUNICIP :\L CODE
BY ADDING ClLAPTER 4. 56, REGARDIHG HOT TUB/ SAUNA
ESTABLISHHEHTS THEI\.ETO, Alm AHEHDING PORTIONS OF
CHAPTERS 4. 52, t~. 54, AND 4. 55 REGARDIHG CARDROOHS,
a.ASSAGE ESTABLISlllffiHTS AND ADULT ENTERTAil~HENT
ESTABLISHHENTS
The Council of the City of Palo Alto does ORDAIN as follows:
SECTIOH 1. Chapter It, 56 (HOT TUB/SAUHA ESTABLISID1ENTS) is
hereby-aa:<Tea-fo the 11alu Alto Municipal Code as set forth in
EXHIBIT "An attached hcr8to and incorporated herein by this
ref erer"-2e ..
SSCTIOH 2. Section 4., 52.100 of the Palo Alto Hunicipal Code
is hereby 8:m-ended to read as follm.,rs:
. n4. 52. 101) De!!.i_al_, !l...~~·s ion o_r revo~~:..~,
of b .. cen.se--Othe:r 2ena"1.t1.es. -w The prov~s.tons
or'-CFlapte:c 4. 04, -a.s--~-:reiTas' Uds chapter, apply
to denials, suspensions or revocations of any
license or permit required by this chapter. In
addition to the general &rounds set forth in
Seetion 4. 04. 1!+0, the follo~ving shall constitute
grounds for the denial, suspension, or revocation
of a cardroom license or dealer permit:
"(1) The applicant, l:Lcensee o:c penni ttee
made a material misstatement in the application
for a license or permit;
"(2) The applicailt, licensee or permittee
has~ Hi thin five years :trmnediately preceding
the date of the filing of the application or the
date 0f initiation of any revocation or suspension
proceedings, been convicted in a court of competent
jurisdiction for violation of any federal, state
or other law, ordinance, J:egulation or· requirement
related to gambling;
''(3) The operation of a cardroom as proposed
by the applicant, if perruitted, would not comply
Ttf'ith all applicable la'ivS including but not limited
to, all City ordinances and re8ulations, or, in the
case of a licensee or permittee. that the actual
operation of the cardroom or conduct by permittee
does not comply with all such laws;
''(4) That the operation of the proposed cardroom
is likely to be, or the actual operation of a cardroom
or conduct o.f perm:tttee is; injurious to the health,
safety, welfare~ and interest of the people of the
City;
11 (5) That the applicant is lacking in the back
ground and qualifications to conduct a bona fide
cardroom; and
•
tt(6) That the appli.cant, licen~ee, or per
mittee has violated any provision of this chapter;
or of a.ny similar ordin<J.nce. la'-1, rule or regula~
tion of another public agency ".;hich regulates the.
operation of cardrooms.
n(b) In addition to any other r.emedy provided
by Chapter 4.04, the city manager shall have the
right, for any violation of the duties of a
licensee, to impose a curfm:v from the hours of
twelve midni~:;ht to eight a.m. J or such lesser. ti!!le
as he may deen appropriate.
•1 (c) Violations of any section of this chapter
are misde~eano:cs."
SECTIOl) 3. Sub sec. tio-n (c) of Section !,. • 52, lt+O of the Palo
A 1 I:T/--....---.----......... " ' ' ' I 1 d d f 11 •• to ~· ... t.1111.C:l_paL Cr:H1C lS ru?.!:-e ... ,y a:menc<e, to rea as ·o ows:
tl (c) Hith:ln 1200 feet of the exterior pro
perty limits of any other preQises lawfully
oc.cupied by a cararoom, a massage establishment .1
any establishment subject to the provisions of
Ch.<1pter i1, 55. excE-~pt theaters, or by a hot tub/
sauna establishrne.nt. All distances referred to in
this section shall be measured bet\vee.n the closest
points on the exterior property lines, or area
boundaries of the parcel, or are.as involved,
except that \vhen a eardr:oom occupies one unit of
a multi-unit structure located on a single parce1 1
distances shall be measured from the exterior
bounda:ries of the unit so occupied."
SECTION 4, Section 4, 54. 030 of the Palo Alto Munj.cipal Code
ia hereby-amended to read as follm<Js:
1 ~4. 54.030 Massage establishment license
required. It is unlawfUl for any person to e-n
gage in. conduct or carry on, in or upon any
premises within the city the operation of massage
establishu~ent without the license obtained £r()!il
the·chief of police as reqaired by this chapter.
A massage establishment license shall be issued
to any pe·rson who has complied with the require"'
ments u£ Sections 4.54.050 and 4?54.110 of this
chapter, and all other applicable provisions of
this code; unless g.rounds for denial of such
license are. found to exist. In addition to those
set forth in Section 4.04.140 of this Title, ·
g1eounds for denial shall include:
H (l) The applicant made a materL1l mis
statement in the application for a license;
n(2) The applicant has, within five yea2~s
immediately preceding the date of the filing of
the application, been ~onvicted in a court of
competc:nt jurisdiction of an offense.involving
conduct which requires registration under California
Penal Code Section 290 ~ ·or any violations of Sec
tions 311 through 311.7, 313.1, 314, 315, 316,
318 or 647(a), 647(b), 647(d), or 647(h) of the
California Penal Code. or of any offense involving
theft of property or violence;
... 2-
H (3) That tha operation of a Mas sag(!
es tab lishmen t, as proposed by the app 1 ica.n t,
if permitted, would not comply ~-lith all appli
cable laws including, but not li.mited to. all
city ordinances and regulations,
11 (4) That the oper.at.ion of the proposed
massage establishment is likely t.o be injurious
to the health, safety, welfare, and interest of
the people of the city;
11 (') Th. h -' ' 1 1 • i h J hat t e. appll.cant lS .ac.o.ng n t. e
background and qualifications to conduct a bona
fide mas s.rq~c es tabl ishrnent; or
n (6;' 'T'n"~ t''l("\ "ppl1 l''<>nt 1lnc n1o1 ataa· ''n·u -•l .. .:,.)..(., -l .. _, a. I. -""""' ,1... (:(~ V.+. ...1... ~ (....4. /
provision of this chapter~ or of any sinilar
,...., • ..< ..( ''!''" ··p 1 'i' • ,,, 1 e ,,, •" <' -·' ·1 ,, t ~or ·1 r: ''11'"' th .,r ............. U..! ... J,. .(:o;.~l\.... ;,. , ...... t.. ~·,; ),..._ V--(.. .L ,J. \.":.~<>tb ,Co\. .l.. _) .. i ' .... ..L a. \..1 ..-h. .I.e.
public agency ~~1ich regulates the operation of
1'\ r, <' :7 n "-.._ .· ,·, .l ' " • '> •· ' ! I ···><~,,sat,;. e .. >~,dD :1.::->nm~nt.s.
SECTION 5. Section 4.54.060 of the Palo Alto lfunicipal Code
is here'Sy amended to read as follm\rs .
;'4.5ti .. 060 Uassage _technician pe_rmit
~ed, It is t.m1a~::;nl1 for any person to
act as a massage technician or a massage
technician trainee unless such person holds
a valid permit. issued by the chief of police,
A mansage technician permit shall be issued
to a.ny person \·lho has fulfilled the require~
ments of Section h.54.080 of this chapter,
and all other applicable provisions of this
code; unless grounds for denial of such
permit are found to exist. In addition to
those set forth in Section 4.04.140 of this
Title. grounds for denial shall include:
11 (1) The applicant made a material mis
statement in the application for a license;
n (2) The applicant has~ ~·7ithin five years
immediately preceding the date of· the filing of
the application} been convicted in a court of
competent j uri.sdic tion of an offense .invol "~ling
conduct which requires registration under Califoxnia
Penal Code Section 290, or any violations of Sec
tions 311 through 311.7, 313.1~ 314. 315, 316 1
318 or 647(a), 647(b), 647(d)t or 647(h) of the
California Penal Code 1 or of any offense involving
theft of property or violence,
"(3) That the issuance of the pe:tLrd.t is
likely to be injurious to the health3 safety,
welfare, and interest of th~people of the city;
I
11 (";.) That the applicant is lacki.ng in the.
background and qualifications to act as a massage
technician; or
11 (5) That the applicant has violated any
provision. of this chapter; or of any similar
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·o;
e •
ordinance, laiv, rule or regulation of another
public aeency ~..,J:tich rebulates the operation of
massaee e.stablisb.ments or rnassa_f;e technicians."
SECTION 6. Subsection 17(b) and 17(c) of Section 4.54.110 of
the PaTo Alto~·Hunicipal Code are hereby amended to read as folloo;vs:
"(b) Within t\\'0 hundred fifty feet of
the exterior limits of any district ~vher.e
residentia.l use is the principal permitted
use~ includin~ all R-and FJf-districtst 0-S
districts, and any P-C or P-F districts
where the principal use permitted or ma.in~
tained is residential~ or
H (c) Hi thin t~,lelve hundred feet of the.
exterior propex:-ty limits of eny other p;:er\ise.s
lawfull~o~cupJccl by a massaue establishment~
any (~St.::lbl.l.shne!'\t subject to the provision::; of
Chapter 4.55, any cardroom or hoc tub/sauna
e.ste.bl:l.s'b.ment. Fot' the purpose of dete.rmining
compliance \·ci th s tand.:>.rd (c) , as to, betHefm and
~i~th respect to es~a.bl:i;shr.;en~s l~r;.;fulJ.y. in opera~
t1.on on the effect1.ve date ot thJ.s sectlo!·,
priority betr.•Ieen such existing establish.-nents
sha.ll be assigned in accordance 1\Ti th the dates
upon which said establishments conunenc.ed such
lawful operations. In the event any dispute
arises regarding said dates 1 the applicant shall
have the obligation to establish the date on
which he cormnence.d lm,iful operation.
"All mas~age establishtr.,ent:s lawfully in oper
ation on the effective date of this section shal.l,
within sixty days of said date apply to the chief
of police for a detennination as to compliance
with the provisions oi this section. Said appli
cation shall be in such form as prescribed by
the chief of police.
"Any massage establishment legally existing
on the effective date of this subsection and which
is not i.n complL1nce with the provisions of this
subsection shall comply 'tvith said provisions within
eight years of the effective date of this subsection;
provided, however, that any such establishment which
intends to in any way transfer O\vt1.ership or alter
or change the nature cf any such massage establish
ment on or after the effective date of this sub
section shall comply with the provisions of this
subsection prior to such transfer 1 al tera~·.ion or
change. Any such use which at the expiration of
said period is not in compliance with the provisions
of this s1:bsection shall at that time di.scuntinue
and abate its operation,
"Arty massage establishment la~-1fully in operation
upon the effective date of thls subsection failing
to comply ~vith the provisions of this subsection
shall be issued a limited tcnn license in lieu of
its current license. containing a statement on its
face reciting such noncomplian~e and the date by
which compliance nust .be accomplished, and that said
lic~nse shall not be renewed beyond said date .
.. 4-
"All distances referred to .in this subsection
shall be measured between the closest points ott the
exterior property lines or area boundaries of the
parcels or areas involved, except that when a masSRBe
establishment subject to the provisi_ons of this sec
tion occupies one unit of a multi-unit structure
located on a sinele parcel, distances shall be
measured from the exterior boundaries of the unit
so occupied,"
SECTION 7. Section 4, 54, lBO of the Palo Alto nunici.pal C<.1de
is here'5y amended to read as follm·ls.
"4.51Ll30 Grounds for denial, Probation
and discipli.narvaction. In ami on co any
i i A ~-_.,.---' • prov .s ons ot tn~s cnapter, tne Grounds set
forth in Section 4.04.140 shall apply to licenses
and permits required under thi. s chapter. Any
ci.rcu.mB tance,s cons ti tuU.ng p~o1.mds for <h::nLll_
shall ~'llso constitute gr<mnds fot· :.·e\'OC0.cion,
"U<:::n'"'n•·-lon o·r-d1'<::c~'I)l;1,._,,,., ··:c,_.l.')'l n U ~!,\_;,. '-'J... ·" ..• ..1 -..1,. • .-•. (L..LJ ,.._ L. \ I• 1
SECTION 3, Section 4.55.030 of the Palo Alto ihmicipal Code
is hereeyarnended to read as follo\·?8:
"L~. 55.030 A.dult: entertainment establishment
license requit·ecr:-rr~TsunT~1\71{11Tor· anyperscn1
toenea.ge 1n,. conduct or carry on' in or' upon. any
premises within the city the operation of adult
entertainment establishment ,,,1ithont the license
obtained from the chief of police as required
by this chapter. An adult entertainment establish
ment license shall b2 :i.ssued to any person ~·;~ho has
complied "iith the requirer.10nts of Sections 4.55.050,
4.55.070, and all other applicable provisions of
this code; unless grounds for denial of such
lirense are fo1md to exist. In addi.tion to those
set forth in Section 4.04.140 of this Title,
grounds for denial shall include:
11 (a) The applicant rnade a material mis
statement in the application for a license;
"(b) The applicant has, wi.th.i.n ftve years
:immediately preceding the date of the flling of
the applicantt been convicted in a court of
competent jurisdiction of an offense involving
conduct which requires registation under California
Penal Code Section 290, or any violation of Sections
311 through 311.7~ 313.1. 314, 315. 316, 318 or
647(b), 647 (d), or 647(h) of the California
Penal Code, or of any offense involving theft of
property or violence. The mandatory provisions
of th:i.s subsection shall not apply to adult
theaters or adult book stores. Prior to denying
a license under this chapter for either of said
activities by reason of sucn conviction, the chief
of police shall make a finding that by reason of
th~ nature of the conviction or underlying facts,
or by reason of the anticipated nature of the
activities to be carried out under the li.cense
applied for, or by reason of any other relevant
factors, the issuance of such license would be
inconsistent with the general health, safety and
welfare.
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•
'1 (c) That the operation of an adult enter
tainment establishMent, as proposed by the applicant,
if permitted, would not comply ~qith all applicable
laws including, but not limited to. all city
ordinances and :23ulations;
''(d) That the operation cf the ?roposed adult
entertainment establishment i.s likely to be in·
jurious to the health, safety, welfare. and
interest of the peopl.e of the city;
"(e) That the applicant is lacking in the
background and qualifications to conduct a bona
fide adult entertainment establishme-nt, or·
f'(f) That the applicant has violated any
pro,:ision of this chapter., o:_:· o~ an_v _si.nil.:u:
ord~nance, laH, ruh~ or l'<:'!f,i..Ua !:.1.on o:t tmot her
b 1 . ' )'" . l' -t. ' ·, •. ry l " t ' "' r ~ n •" ., ,. " ,. ' • "' "~ pu lC i:l8,.;,DC) \'-lu:LCL. rebu "" (:, _,l,_ ,)p~c.utt _,_.Jb o ...
adult entertain.t!\ent estabJ.isbnents, l!
SECTION 9. Subsections (p) (2) anci (p)(3) of Section 4.55.070
.~.,.,~-:t""''l" of the 1'<:"\J.O .A.J.to Hunicipal Code are herchy .:1n1end(~d to rend as 1>.ll·
lows:
"(2) ~..Jithin t\<70 hundred fifty feet of
the exterior limits of any district Hhere
residential use is the principal pennit.ted
use, including all R-and rut-districts, 0-S
districtsf and anv P-C or P-F districts
where the princip~l use permitted or main
tained is residential, or
11 (3) \Hthin twelve hundred .feet of the
exterior property Jirnits of any other premises
la"ivfully occupied ·,y an adult en.t.e·rtainment
es tabl:i.shment, a cardroom .• mas sage e.s tabl i sh..rnent
or hot tub/sauna establishMent. For the purpose
of deterrr.inin8 compliance. ~·lith standard (3) ~ as
to, bet";reen, and with respect to establishments
lawfully in operation on the effective date of
this section, priority between such existine
establishments shall be assigned in accor.dance
with the dates upon which said estab1ishr1ents
commenced such lawful opex·ati.on, priority being
given to the establishment havin~ the earliet~
of such dates. In the event any disp~te arises
regarding said date, the applicant shall have
the obligation to establish the date on which he
commenced latvful oper.at:lon. A 11 distances
referred to in this section shall be measured
between the closest points on the exterior
property lines or area boundaries of the parcels
or areas involved, except that when an enterprise
subject to the provisions of this section occupies
one unit of a multi-unit stt·ucture located on a
single parcelt distances shall be measur~d from
the exterior boundaries of the unit so occupied."
SECTION .10. Section 4.55.150 of the Paln Alto Municipal Code
is here15y amended to read as follm'ls:
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•
"4 .. 55.150 Ap~lication of othe!?~oc!_~. I?ro7
visions. Chapter.04 snail apply to tne subJect rnatt:erof this chapter in all respects, includinP>
tho~e not specifically mentioned in this chapter.
Any circumstances constituting grounds for denial
shall also constitute grounds for revocation,
suspension or disciplinary action. 11
SECTION 11. The Council finds that the adoption of this
ordinance will not have any significant environmental iMpacts.
SECTION 12. This ordinance shall become effective upon com
mencement of the thirty-first day follo{·7ing the date of its
adoption.
1UTRODUCED:
FASSED:
AYES:
NOES.
ABSTENTIONS;
ABSBUT:
April 2, 1979
Ap!'il 23~ 1979
Brenner, Carey, C1ay, Fazzino, Fletcher, Hendetson, Sh-er
~yerly~ Witherspoon
None
None
PLEASE DO N01' SIGN THIS ORIGINAL DOCUHENT UNI,ESS YOU ARE
\SATISFIED THAT THE EXHIBITS ARE CORRECTLY
{ ATTACHED;
' THANK YOU
Sections:
4.56.010
1+,56.020
4.56,030
4.56,040
4-, 56.050
4.56.06()
I+ •. )6. 070
4,56.080
4,56.090
4.56.100
4.56.110
4.56.120
4,56.130
l+, 56' 140
4.S6,1.50
4.56,160
4.56,170
4.56.180
4.56.190
4.56.200
CHAPTER t~. 56
HOT TUB/SAUNA ESTABLISHHEUTS
Purpose and intent.
Definitions.
•
Hot tub/ sauna es tablish.'"'\en t license. required.
Hot tub/sauna est.ablishmeilt license application
fee.
Application for hot tub/sauna establishment license,
Hot tub/sauna establishment employee permit
required.
Hot tub/sauna establishment employee application
fee.
Application for hot tub/ fJauna es tablish;m-:.nt
ernploye.e permit.
Appeal.
Hot tub/sauna establishment and operations
requirements.
Inspection by officials.
Business name,
Business location change.
Sale or transfer of hot tub/sauna establishment
interest.
Display of permits, licenses.
Grounds for denial, proba.t:!,,m, and disciplinary
action.
Hearine.
Application to existing establishm~mts and
employees.
Application of other code provisions.
Employment of persons under the age of
eighteen years prohibited.
4.56.010 Purpose and intent. lt is the purpose and intent
of this chapter to proviae for the orderly regulation of hot tub/
sauna establishments and hot tub/sauna establishment employees; as
defined in this chapter 1 in the interesta uf the public health,
safety and welfare by providing certain mird.mum building~. sanita
tic·n and health standards for hot tub/ sauna establishments and by
providing certain minimum .standards and regulations regardine the
conduct. and activities of the o~-rners and employees of hot tub/sauna
establishme.nts.
4"56,020 Definitions. For the purpose of this chapter,· unless
the context clea:r.ly requires a diffet·ent meani.ng, the ~;·mrds, terms
and phrases eet forth in this aection shall have the meanings
gj.ven them in this section:
(a) "License" means the li~ense to opera.te <'l hot ·cub/ sauna
establishment as required by this chapter,
(b) 11 Permit 11 means the permit to engage in the activities of
a hot tub/ sauna es tabllshment emp lo;ret?. as required by this chapter.
(c) 11 Person 11 means any individual 1 pa~rtnership i firm, assoc~
iation~ joint venture .• corporation, or combinati.on of individuals.
(d) "Hot tub/sauna establishment" means any establishment
having a fixed place of business where any person 1 as defined above,
for compensation, engages in, conduc.ts, carries on or permits to
-1 .. F.XHlBIT 11 A11
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be engRged in 1 conducted or carried on any of the following as
the principal functions; provided~· that any cas t.abli.shment wherein
any employee provides any services defined a.s massage or adult
enterta~.nment by Sections 4.54.020 or 4.55.020 of this code shall
be licensed pursuant to the provisions of chapters 4.54 OT 4.55,
respectively.
(1) Hhere Russian, Turkishr Finnish, Swed;;..,h, hot air,
vapor~ elec t.:ric cabinet, steam·' miner a 1 . s-.;,1e.a t, sa 1 t , Japanese,
sauna, fomentation, alcohol or baths of any kind whatsoever are
furnished or made available; and/or
(2) Hhere the public sha..tl have access, on a .rental
basis 1 to private rooms or suites located within the establish·
rnent ~ in which are located or provided hr,t tubs. j acuz::d 1J. saunas,
showers. similar and/or related facilities. or any combination
the:ceof.
The term nhot tub/sauna establ.ishment 0 shall not include
licensed hospitals, nursing homes, sanitaria. or individuals holding
a valid certificate to practice the healing arts under the laws of
the State of Ca.ll.fornia .. or i.ndivJduals \vorkinr{ under· the direction
of any such certificated persons. The terr.1 "hc;t tub/ saun~'l establish-
ment!! shall not include any type o:f a privately mmed and operated
health npa 1 gymnasiurn or exercise: fac tli.ty ~vhere the pr imar.y purpose
of the establishment is the offering of exerci.se or physical fi.tness
equipment and facilities to prospective patrons, even though such
establishment may have~ on :Lts premises. facilities .for hot baths,
and/or hot tubs. jacuzzis, saunas and related facilities for the
incidental use of pat~ons.
(e) 11 llo t tub/ sauna. e.s tab 1 L1hment employee" means and includes
every o~\mer 1 partner: 1 manager, supervisor, employee or any other
person~ whether paid or not, who renders personal services of any
type in the operation of a hot tub/sat.:i.na establishment_.
~fuenever ~ in this chapter l the singular form of any of the
above d(;::fined terins is use.d, the same shall include the plural form
vf such term. ·
4.56.030 Hot tub/sauna establishment license reguired. It
~.s unla~v.t'ul for-any person to engage-in~ conduc~ or carri-on~ in
or upon any premises within the city the operation of hot tub/
sauna establishment "Y'ithout the license obta5.ned from the chief. of
poll.ce as required by this chapter, A hot tub/sauna establishment
license shall be issuQd to any person who has eomplied with the
requirements of Sections 4.56.050 and 4.56.110 of this chapter,
and all applicable provisions of the code; unless grounds for
denial of such license are found to exist. In addition to those
set forth in Section 4.04.140 ~f this Title. grounds for denial
shall include:
(1) The applicant made a material misstatement in the appli
cation for a license;
(2) The applicant has, within five years immediately pre
ceding the date of the filing of the applicatiot1 1 been convicted
in a court of competent ju:r:-isdiction of an offense involving c.on
duct which requires registration under California Penal Code
Section 290, or any violations of Sections 311 through 311.7.
313.1t 314, 315, 316 1 318 or 647(a)l 647(b)1 647(d)r or 647(h) of
the California Penal Code, or of any offense involving theft of
property or violence;
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(3) That the operation of n hot tub/sauna. establishment, as
proposed by the. applicant, if permitted ~vould not comply Hith all
applicable laws including, but not limited to, all city ordinances
and regulations;
(4) That the operation of the proposed hot tub/sauna estab
lishment is likely to be injurious to the health .. safety and welfare
of the people of the city~
(5) That the appltcant is lacking in the background and quali
fic.ations to conduct a bona fide hot tub/ sauna es tabl.i.shment; or
(6) That the applicant has violated any provision of this
chapter; or ·of any s imllar ordinance, l a1v, ru.1.e r,-regula t; 0n.. of
another pub li.c agency which re.gulate.s the ope r-at ion of hot: tub/ sat una
or related establishments.
f~. 56, OL~O Hot _J~}dbl sauna ...s::._~!_~_el i.~b~~~--.J-~~-£~0.~ 0:. __ ~J2.12.~~~~.ti~n ~ee~-o
Any application tor. a license to operate a not tub/sauna QStabTi"SFiment
shall be accompanied by a nonrefundablt~ fee a.s set forth in the
municipal fee schedule, The applieation .fee shall be used to
defray, in part, the costs of investig~tion and report, and is not
made in lieu of any other fees or taxes required under this code.
A license to operate a hot tub/sauna establ.ishment shall be renewed
annually. The renewal fee shall be as set fo.tth .in tl'l.e municipal
fee schedule,
4.56.050 ~llcation for hot tub/sauna establishment license,
Any application-Tor~ a license to operate a-fiot-tuE7s'auna-es ta13Ii8h
ment shall be made with the chief of pol ice. T.H thin thirty ~vorld.ng
days following receipt of a completed application, the chief of police
shall either issue the permit or mail a \vritten statement o.f hi.s
reasons for denial thereof. The application shall set forth the
exact nature of the hot tub/sauna operations or activities to be
conducced. the proposed place of be~1ness and facilities thereforj
and the name and addre.ss of each appJ.Jcant. In addition to the re
quirements of Chapter 4.04 and this section any applicant shall
furni.sh the follo~.ving in format :Lon~
(.l) The previous address of applicant, if any, for a period
of three years in~ediately prior to the date of the application
and the dates of residence at each;
(2) \ol)'ri tten :_n·oof that t:he applicant is at least e.igh teen
years of. age;
(3) Applican.t 1 s height 1 weight., color of eyes and hai:r;
(4) The applicant shall allow the police department official
processing the application to take photographs and fingerprints
of the applic~nt;
(5) Business .. occupation or employment history of the appli
cant for. the three years innnediately preceding the date of the
appl:tcation;
(6) If the applicant is a corporation~ the name of the cor
poration shall be set forth exactly as sho~m in its articles of
incorporation, together with the nam0s and residence addresses of
each of its officers, directors 1 and each stockholder holding rnor&
than five percent of the stock of the corporation. If the appli·
cant is a partnership~ the application shall set forth the name
.. 3-
·--~-~-------------------------------------------------------------------~
and residence address of each of the partners including limited
partners. If one or more of the partners is a corporation, the
provisions of this section pertaining to a corporate applicant
shall apply.
(7) The names and re.si.dence addresses of all persons currently
employed or intended to be employed in the hot t11b/sauna establish
ment, reeardless of the nature of the employnH.mt > other than any
person licensed pursuant to Section 4.56.060, along with the pro
posed or actual nature of the "'vork performed or to he performed,
and recent passport-size photographs~ suitable to the police depart
ment official processing the applicationf of each such employee. All
such ernployee.s shall be requested to obtain the permit specified in
Section 4, 56, 060 of this chapter. .Any applicant or licensee shall
notify the. city in writing of the names, addresses, and nature of
the work, of any new or proposed eMployees, and supply the photo
graphs described in this subsection upon determi.nJ.ng to er:IpJ.oy such
person. Ho such per son shall commence such ernp J.oyment un t i 1 a permi. t
has been obtained as specifi.ed in Section 4.56.GGO 0£ thi~ chapter.
11 Emp loyee" mE:~ans ''hot tub/ sauna es tab lishmen t emp loyee 0 as d(·~f ined
herein. It shall be unlawful for any licensee to employ any hot
tub/sauna establishment employee \\rho does not possess a valid permit
provided for in said Section 4.56.060. Any licensee shall notify
the chief of police in writing of the termination of emplo~nent of
any employee 1 ivhether terminated by the 1 icensee or employee., w:l. t.hln
five da.ys of such termination.
(8) Such other info:r.mat:l.on as r:1ay be deemed necessary by the
chief of police.
4. 56.060 Hot tub/sauna establishment e.nl£loy~ermit refuired.
It is unla~vful tor any p(~ont:O--acr·asa not tub/ SF.l.Una estab isn.-·
ment ernployee unless such pe1·son holds a valid permtt issued by
the chief of police. A hot tub/sauna establishment. employee permit
shall be issued to any person who has fulfilled the requirements of
of Section 4. 56.080 of this chApter·~ and all other applicable pro~
visions of this code; unless grounds for denial of such permit are
found to exist. In addition to those set forth in Section 4.04.140
of this Titler grounds for denial shall include~
(1) The applicant made a material misstat~ment ir1 the appli
cation for the perrnit,
(2) The applicant, within five yea.rs il"11ll<3dia tely preceding
the date of the filing of the application, has been convicted in
a court of competent jurisdiction of any offense involving condu.ct
which requires registration under California Penal Code Section
290, or any violation of Sections 311 through 311.7, 313.1 1 314.
315, 316, 318 or 647(a), 647(b)1 647(d). or 647(h) of the Cali·
fornia Penal Code or of any offense involving :heft of property.
(3) Th.e :t.s suance of the perrni t is likely to be injurious to
the health, safety, welfare, and interest of the people of the city;
(4) The applicant has previously violated any provision of
this chapter; or of any similar ordinance, lmv,, rule or re8ulation
of another public agency which regulates the operation of hot
tub/sauna estab1isru'11ents or hot tub/sauna establishment employeE~s;
(5) The applicant is under eighteen years of age.
4 .. 56.070 Hot ttp/sauna e.stablis__bment~l2.Y_~. at7lic.etion
fee. Any application !or a pernut to act as allot t.u sauna
-4-
e •
es, tab lis hnen t e.mp loyee sha 11 be accoMpaLieJ by n nonrefundah 1 e fee
as set forth in the munic.ipal fee schedule, A hot tub/sauna
es tabl is hmer.. t employee permit sha 11 be rene'•7e.d annually. The re -·
neHal fee shall be as set forth in the municipal fee schedule,
Any person who applies for a license to operate a hot tub/sauna
establishment and who desires to act as a hot tub/sauna establish
ment employee Nithin said estahlishr:!ent shall not be required to
pay the fee required by the municip3.1 fee sc.hedule, but shall be
required to furnish the information set forth in Section 4.56.080,
4, 56. 0:3() ~lie a tio:n £:9.!. }19.!:. tuh Is ~una.~!~~,_!?lis hmen t er1p loyee
~mit. Any appTication fOr a perrnt to ac.t as a Eot tub/sauna
establi.sru~Jent er.1ployee shall be made with the chief of police.
Within thirty working days following receipt of a completed appli
cation, the chief of police Jhall either issue the permit. or mail
a ~·lri t ten s ta t.enent of his reasons for denial thereof, The chief
of police may re.quire the applicant to a l.Lohr f.i.ngerpr1nts to be
taken, In addition to the r equ:i.rer:wn ts o:t Chapter 4 < '}t'+, the app li··
cant: shall. furnl~;h the f o llmving info:cr:u'lt:. ion
(l) Uaf'te; residence address c::,··.J.d telephone nurctber;
(2) Social s ecur.i. t:y nurnber az-,d driver 1 B 1 i.cense number.
if r-il1Y;
(3) Applicant's H<>.ightr height. color of hair and eyes;
U+) The applicant shall fuxn:lsh a recent: phoLograph of appli
cant to the police department offil~ial ~\Tho proceHses the app U.catlon;
(5) Hr.itten evidence that the appl1.c . .ant i.s at least eir,hteen
ye.ars of aee;
(6) Business, occupation or eMployMent of the applicant for
the three years ir:liUedia tely preceding the dn te of application;
(7) The name and address of the establishment \.vhere the appli'"
cant is to be employed, and the name of the mvner or operator of
the same. Any hot tub/sauna establishment er!J.ployee granted a per
mit pursuant to this section must ·;:eport any change in hot tub/
sauna establishment employment w:! .. thin five days of said change;
(8) \Vhether such per.son has ever been convicted of any crime
mentioned in Section 4.56,060 of this chapter. If any person has
been so convicted, a statement must be made giving the place and
court in which said conviction r,..uls had:, the specific charge or
charges under which the conviction was ohtained. and the sentence
imposed as a result of such conviction.
(9) Such other information as may be dee.med necessa:cy by
the chief of police,
. 4. 56,090 APP..eaL In the. event a J!el:mit or .1 icense appli.ca-
tlon has i)een den~ecr, the applicant shall proceed pursuant to the
appeal and hearing provision of Chapter 4.04,
4.56 .. 100 Hot tub/sauna ~stablistlment ~nd OEerati.oEJ.s re~uire:
ment_s_. All hot tub7sauna estfiOIIS11iilentsS1iaTI comply ~oJitn t e
foilowing facilities and operations requirements and each of the
requirements hereinafter listed shall be deemed conditions of any
hot tub/sauna establishment license tvhich is issued pursuant to
the requirements of this chapter:
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(1) Hot tub/sauna establishments shall comply with all appli~
cable provisions of the Palo Alto Municipal Code and with nll
applicable health and sani.tHtion lu~vs, rules and regulations of
the County of Santa Clara and State of California.
(2) Toilet and lavatory facilities shall be provided for em
ployees and patrons of a ltot tub/sauna establishment. in a number
and type not le.3s than the minimum number and type sp0cified in the
applicable code section for such type of use.
(3) A manager or other supervisory representative of the
licensee shall be and remain on the premises of che licensed hot
tub/sauna establishment at all times during the ope.rating hours of
the establishment. The licensee shall furnish the chief of police
with a list of all persons authorized by licensee to a~t as manager
or representative of the licensee. Any change in said list shall be
reported to the chitd of polic.e .immediately,
(4) All suites and rooms within hot tub/sauna establishments,
foi' the use of patrons, shall })e provided with elr?.an .laundered
she(?.ts) to~·7els and linens in sufficient quantttie~~ 'ivhich shall be
lm.mdei·ed between consec.ut:i.vt~ uses thereof and s to.red i.n an
approved sanitary manner. The same sheets. towels and linens
shall not be used i!1 ex(~ess of one rental period" No sheets,.
tO'inds or line:n1:; shall be laundered or dried :Ln a.ny hot tub/sHuna
establishment unless such estabLishment is provided v.;.1 th approved
laundry faci.1ities comparable to commerc:i.a1 laundering facilities,
for such laundering and drying. Approved receptacles shall be
provided for the storage of soiled sheets, liztens, and towels.
Heavy \;7 b.i.te paper: rnay be substituted for· sheets; provided that such
paper is used once for each person and then discarded into a sani
tary reL~eptucltJ.
(5) All t·Jc:dls, ceilings, fJ.oors, pools,. showers,. bathtubs ..
hot tubs, jrtcutc;zis, saunas~ steam rooms and all other physical
faci 1 it ies -;,7 i thin the es tab l ish.J.went must be in good .repair and
maintained in a clean and sanitary condition, t~E~t and dry heat
rooms, steam or vapor roou1s ,, o:c steam or vapor cabinets·' shmver
comp·artments 1 ba throorns, toilet rooms f' saunas,, j acuzzis 1 hot tubs r
and individual suites shall be thoroughly cleaned and disinfected
each day the business is in operation. Bathtubs (not including
hot tubs) shall be cleaned and thoroughly dis.infected after each
use. Not more than one hot tub or similar water holding device
shall be operated from the same heating or filtering device or any
similar mechanism unless each such hot tub or other similar device
is capable of being emptied and refilled inde~endent of any other
hot tub.
(.6) The walls in all rooms wh.ere water or steam baths are
given shall have e washable~ mold-resistant surface.
(.7) All lavatories or wash basins shall be provided with
hot and cold running water 1 soap and single service towels in
wa.ll-utounted dispensers.
(8) Cabinets or other covered space shall be provided for
the storage of clean linen.
(9) To protect patrons from potential health and sanitary
hazardr!, all hot tub/sauna esta~tishment employees shall be clean
and shall perform all services on the premises in full. clean
outer garments,
(10) Security deposit facilities cApable of being locked by
the patron or a waterproof security bag that may be carried by
the patron sl1all be available for the protection of the valuables
of the patron,
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•
(11) Each service or facility offered. the price thereof, and
the minimum liCngth of time such service shall be performed shall
be posted in a conspicuous public location within the hot tub/sauna
establishment. If the hot tub/ sauna es tabU.shment contains vli thin
it one or more individual rooms or suites, the hourly rental rate
for such individual roo~s or suites shall also be posted in a
conspicuous public location, alone ~.;ith the minimum and maximum
periods of time such individual rooms or suites can be rented. All
letters and nUl"lbers shall be capitals, and not less than one~half
inch in hei3ht.
(12) No mirrors of any type shall be placed at any location
~.;ithi.n or inside the hot tub/ sauna establishment unless the approval
f t. •• -.a ] . • ~. • h , ' .d d 'h o t1le cn~et OL po .Lee nas ~~rst oeen o ta.nea, prov~ e 1 .owever,
that if the hot tub/sauna establishment is comprised of one or more
individual rooms or suites, a small mirror, not more than three
(3) squ<~re feF.:t in size, may be placed on the interioJ.: of such
room or El\.d!:e on the door leading from such indiv]dual :roon1 or
suite into s.ny interior hall1\ray with:Ln such establishment, or such
other comparable locaU.on not visible fron the exterior of such
individual room or suite when the door thereto is open as may be
approved by the chief of police.
(13) If the hot tub/sauna establishment is comprised of one
or mo:ce individual rooms or suites i;lhich are rented to patrons .•
the interior of any such individual room or suite shall not be
visible from f:l.ny point outside the room or suite 1,then the door
leading from such individual room or suite into any interior
hallway is closed.
(14) No alcoholic beverages of any type shall be permitted
to be brought into or constL'1led Hithin or upon the premises or
property of any hot tub/sauna establishment.
(15) No nudity shall be per.:mitted or allmved to occur in any
inter:tor hallv1ays of the establishment. or in any other open patron
area or areas located within thP-hot tub/sauna establishment.
Nudity shall only be: permitted or allmv-ed wi.thin the confines of
an individual room or suite located within the establishrne1At and
t:hen ~:.:mly by the patrons who have rented such room or suite.
(16) No individual under the age of 18 years shall be allowed
to enter into or to remain upon or within the premises of any hot
tub/sauna establishment unless such i.ndividual is accompanied by
his or her parent or guardian.
(17) All hot tub/sauna establishment employees, while on duty:
(a) ehall remain fully clothed at all times;
(b) shall not remain inside any of the individual rooms
or. suites with any patrons of the establishment while the doors
leading to the hallways from such room.s or suites are closed. Said
doors shall remain closed at all times during 'Nhich the indivi~ual
room or suite is occupied and utilized by any patron;
(c) shall not per .form, for compensation or othe~V'ise,
any type of pe.rsona.l services for. the patrons of the establishment,
which personal services consiGt of the touchin? of any part of the
body of a patron with any part of the employee s body 1 or any
implement utilized by an employee.
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•
(13) Hot tub/sauna cstablishrwntG sh.<1.ll close and remain closed
from eleven o.n. to nine 3,M, All custooers shal.l be requi.red to
leave the pr~mises not later than eleven p.m.
(19) i:~o hot tl.lb/sBuna cstabU.shr~cnt shall he allmved in the
follo~-rinr; locations
(a) Hith:ln t'i,10 hundred fifty fe<~t of the extf!rior property
1 in.its of any pub lie or pr.i va te .e ler:tentury school, junior h:lgh s L~hoo 1
or hir:;h school;
(b) Oi thin t~-.ro hundred fifty feet of the exteri.or limits
of any dis td.c t ~·:rhere residential use is t:b.e principal perrrri tted use,
including all R-and ru1-dist~icts; 0-S districts, and any P-C or
P-F districts where the principal use pernitted or maintained is
resider1~:ial; ol."
(c) \.1ithi:1 C"i.'c'>'<' hundn~d feet of the exterior property
l.i.nits (t:f .:m··.: other incn:i.:,;es L~~;fully occi..ipied by a hot tub/sauna
establi.~.bnent. <)t" by <Jn;.r 8St2hlish:K'nt subjecr:: to the provisions of
chapte1·s !f. )I+ or 4. :)5, or nny ca:r:druom licensed pursuant to ehapter
t~, 52. lfot>·:ithstandir:g U1e provisions of: this subsection (c), subject
to all ut.he.r provisions of this chapter, a hot tub/sauna establ:i.Rh
ment license l'!V'lV be issued for an establishr:1ent located \'lithin tv;relve
lumdrod feet o{ another hot tub/sauna establishment, an esta.blishment
subject tiJ the provisions of chapters 4.54 or 4.55, or any cardroom
licensed pursuant to chapter 4.52 if the applicant has obtained, and
has in effect, a valid use pernit pursuant to chapter 1H.9f) of the
Palo Alto Hunicipal Code, Application for a. license under this
chapter shall be made and processed prior· to an a~~plicat:ion for a
use Permit. In the event it ts d~~ter:-1ined that a license hereunder
woul~ be issued for the provisions of this subsection (c), the appli
cation for a use pen1it shall then be processed. A license hereunder
shall not be issued until completion of the use permit application
process. In the case of such an application, the time liMit for
action on a hot tub/ sauna es tablisb.raent license application con
tained in section 4.56.050 shall be autonatic~lly extended as
necessary to allm.J processins of the use. perrtit application. For
the purpose of determining compl ;_ance with standard ('i.:~) » as to,
betwE'en and vli th respect to es tablishrnent::s la,vfully in operation on
the effective date of this section, priority between such existing
est:~hlishments shall be assigned in .1ccordance ~·lith the dates upon
which said >P.stahlishments coiT!f;1ence.d such laNful opt:rations. In the
event any dispute arises regarding said dates, the applicant shall
have the obligation to est.a.bl:Lsh the date on which he commenced
la~vful operation.
All hot tub/sauna establishments la~'7fully in operation on the
effective date of this section shall~ within sixty days of said
date apply to the chief of police for a determination as to com
plianc€ Hith the provisions of this section, Suid application
shall be in such form as prescribed by the chief of police.
Any hot tub/sauna establishment le~ally existinp; on the effective
date of this subsection and \vh:i.ch is not i.n compliance with the p·ro
visions of this subsection shall conply with said provisions within
three years of the effective date of this subsection; provided, how
ever, that any such establishment Hhich intends to in any r..va.y trans~
fer o\mership or alter or change the u~tur~ of any such hot tub/sauna
establis~nent on or after the effective date of this subsection shall
comply 'l..;rith the provisi.ons of this subsection prior to such transfer,
alteration or change. Any such use which at the expiration of said
period is not in compliance ~vith the provi'.:;ions of this subsection
sr.all at that time discontinue and abate its operation.
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• •
Any hot tub/saunn establishnent laufully in opt:!ration upon
the effecti.ve date of this subsection failing to conply with the
provisions of this suhsection ~:hall he iRsued a limited term
license containinB a state~ent on its face recitinB such noncom
pliance and the date by Hhich conrliance rnust be accomplished, and
that said license shall not be reneued beyond said date.
All distances referred to in this subsection shall be measured
between the closest points on the exterior property lines or area
boundaries of the pBrcels or areas involved, except that \vhen a
hot tub/satm<1 establishm.:3nt subject to the provisions of this
section occunies one unit of a nulti~unit structure located on a
single parcei, d:tstances shr1ll be nru1sured f:ror.1 the exte.rior
b d ~· ~ ' f= t 1 '\ ' • ./ t ' ., ·' " ·-. ' I ·' 0 i oun a •. ~.es l).... _,1e Uh.1. s,, ucLt•,)l~c,.
-8a-
• •
establishments from time to time during rer,ula.r bus.iness hours to
make reasonable lnspeetions to observe and enL;1;ce com?linnce ~vith
building 1 fire, electrical, plU~-nbinf; or health rer,ulationr,. A
warrant shall be obtained whenever required by law.
4.56.120 Business name. No person licensed to operate a hot
tub/ sauna es tabiTshiterit~S'hall opel"ate under a11y name o:r conduct
business under any desi3nation net specified in the license.
4.56.130 Business location change. Upon a chanr,e of location
of a hot tub/sauna-e.stablisnMent, an application to the (~hi.ef of
police shall be made in the same fom as an orir,inal application,
and such application shall be Granted, provided all applicah1.e
provisions of this code are complied ~{ith as in the case of an
original application, and a change of location fee as set forth
in the municipal fee schedule to defray, in part, the costs of
investi~ation and report has been ~aid to the city.
4. 56. 140 Sa 1 e o~.-tran~:; f e't: of hn t tub/ s.:nma e stab l:U;hnent . 1~·····------------'f~-~--.. ~·-.....--~-···.,-------:r-r;;,~-l.nte.rest, A sa e ot· trans.te1· o~ ~~n;.r 1!1tet'est u1 a not tuo,~ sauna
~-~ ,_,.... "d' i . l' t=.:;;Lao.L:t..SJ.L.rnent, '\·ltnc,~ J.nt(,:n:eft ,·,'OUl oe reporte( as requ:u~eo 1.n
this chapter upon application for n hot tub/sauna establishr:wnt
license, shall be reported to the chief of police within ten days
Of S h ro.-1 ..... ~.,,., f"-"'h 'hi ,,.r ';: r l·'' c'l.. < ll ; ~-·r t-' f"te uc .-:>o.-e o~ c~ans e:t, L .• e c _ ...... ''"· JHL . .Lce :..1ld .. -L' es._l.,L·c".
any person receiving any interest :Ln a hot tub/sauna establi.sh1'1ent
as a result of such Bale or: trans[el·, ..'ind i£ such person satisfies
the requi:rements relating to hot tuh/saunr:-~. es.t.nblishEJ.ent license
applicants, the existing license shall be endorsed to include such
person. A fee as set forth in the nunicipal fee schedule shall
be paid to the city for the investi~ation by the chief of police
necessitated by each such sale or transfer.
4 . .56. 15() Dis lav of en1i ts, 1 icense s, The m·m.er or opera tur
of a hot tub/sauna esta .L.lS unent s a .J. 3.splay the hot tub/sauna
establ:i.shtnent license and the pennit of each and every hot tub/sauna
establ:i.::hment employee employed in the es tablishrnent in an open
and conspicuous place on the preMises. Passport-size photographs
of the licensee and pe1:1.nittees shall be affixed to the respective
license and permits on display pursuant to this se.ction, Home
addresses of hot tub/sauna establinhment employees need not be
displayed.
4. 56.160 g;.,~unds for den!al, probatio.\1...!.-and disr-c .... i._-r_,._
act~on, In Pr:idi tion to any provisionfJ containea in t is chapter.,
'ti1e provisiohs of Section 4 ., 04. 140 shall apply to lic~;nses
and permits required under this chapter. Any circumstances
constituting ground for denial shall also constitute grounds
for revocation, suspension or disciplinary action.
4. 56,170 Hearing, Any licensee or permittee \vhose license
:.;;: permit has been .suspended or revoked shall proceed pursuant to
the appeal and hearing provisions of chapter 4.04.
4, 56, 180 A_pp lication to existing; es t~p} ishments and em2_loye.e.:!,
All operators or existing hot tub/ sauna es ta131ishments, and ail
hot tub/sa,:na establishment employe~s in the city upon the effective
date of this chapter ~hall comply with all application and other
requirements within thirty days following the effective date of
this chapter.
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.. '
4.56,190 ~rlicatior. of other code revision( .. Chapter 4.t)l+
shall apply to the subject matter o t s c .'lptr:.r in all respects,
including tho8e not specifically mentioned in this chapter.
4, 56,200 Em£_1pent of :ee:rsons £nder the age of eiBhteen.
l,_ears J'rohibite<r. 0 licensee sna.Tr'employ, hire or retain die
ser-V'ices of any-individual who is under the age of etghteen (18)
years old. No licensee shall kno,\l'inr,l~r e.mploy, hirt! or ret sin the
services of, or continue to employ or retain, any individual who
has been convicted of any of the offenses set forth in Section
4.56.060(2) of this chapter, or \vho has failed to obtain the
permit required by Section 4.56.060.
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