Title 5 BUSINESS LICENSES AND REGULATIONS
Editor's Notes
For statutory provisions authorizing cities to license for revenue and regulations purposes, see Cal. Gov. C.A. § 37101. For the statutory provisions authorizing cities to license in the exercise of the police power and for purposes of regulation, see Cal. Bus. & Prof. C.A. §§ 16000-16003.
Chapter 5.03 DEFINITIONS
5.03.010 DEFINITIONS GENERALLY.
The definitions in this chapter shall be applied to terms used in this title.
5.03.020 AUCTION SALE.
"Auction sale" means a sale of property outcry to the highest bidder.
5.03.030 AUCTIONEER.
"Auctioneer" means any person who, by public outcry, sells, or offers to sell to the highest bidder, or any person who arranges for the disposal at public offering to the highest bidder, when bids are called for, either in person or by duly employed and licensed auctioneers, any goods, wares, merchandise, fruits, stocks, bonds and other securities, livestock or other personal property, or any real estate or interest therein, in any building or in or on any of the streets or sidewalks, or in any other place in the City where any and all persons who choose are permitted to attend and offer bids, or any person who advertises as a public auctioneer, or in any other manner holds himself out as such for public patronage, or receives fees as a commission for services as such.
5.03.040 AUTO WRECKER.
"Auto wrecker" means every person who buys, sells, exchanges, otherwise deals in, or in any other manner comes in possession of, any motor vehicle as defined in the State Vehicle Code for the purpose of dismantling or disassembling or who dismantles or disassembles, any such motor vehicle, whether for the purpose of selling, utilizing, or otherwise disposing of, the component parts of such vehicles, or for the purpose of selling, utilizing, or otherwise disposing of the component materials of such vehicle either as junk or otherwise.
5.03.060 BUILDING STANDARDS.
"Building standards" means the standards specified in this code and all building codes and regulations of the City which are enforced by the San Mateo building department.
5.03.065 BUREAU.
"Bureau" means the bureau of business taxes and permits as created in this title.
5.03.070 BUSINESS.
"Business" includes professions, trades, occupations and all and every kind of calling carried on for profit or livelihood.
5.03.080 CONDUCTING.
"Conducting" means the act of conducting, managing, or carrying on a certain business or occupation.
5.03.090 CONTRACTOR.
"Contractor" means any person who does any type of construction work for an agreed price, or who holds himself out to the public as in such business or who erects, constructs, alters or repairs any building or structure for the purpose of selling or renting the same, and who does not employ therefor a regularly licensed person.
5.03.100 DANCE—PUBLIC DANCEHALL.
"Dance" or "public dancehall" means any dance or place where dancing is carried on and to which the public is admitted, and a charge made therefor.
5.03.120 EMPLOYEE.
"Employee" means any person engaged in the operation or conduct of any business, whether or not any member of the owner's family, partner, agent, manager, solicitor, and any other person is employed or working in such business.
5.03.130 FEE—TAX.
As used in this title, "fee," "fees," "tax" or "taxes includes penalties, interest and costs.
5.03.140 FIRE, BANKRUPTCY OR WRECK SALE.
"Fire, bankruptcy or wreck sale" means the sale of goods, wares or merchandise salvaged from a fire, wreck or other calamity or a sale of goods, wares or merchandise advertised as a fire or bankrupt or wreck sale; provided, that no license shall be required under the provisions of this title for the sale of merchandise salvaged from any fire, wreck or other calamity occurring in the City, where same is conducted by the person who held the license to conduct the business before the fire or wreck, or other calamity occurred.
5.03.150 FIXED PLACE OF BUSINESS.
"Fixed place of business" means a place of business regularly kept open, with someone in charge thereof for the transaction of the particular business engaged in during the hours customary to transact such business.
5.03.160 FOOD ESTABLISHMENTS. [Repealed]
Repealed.
5.03.170 FOOD VENDING MACHINE.
"Food vending machine" means any coin-operated mechanical device from which food or drink is dispensed, or offered for sale to members of the public.
5.03.180 FOOD VENDING VEHICLE.
"Food vending vehicle" means any vehicle from which food or drink is sold or offered for sale to the public, but not including delivery vehicles used to transport food or drink from a store or distributor having a valid food permit, to a customer's home or a vehicle transporting food or drink from a wholesale establishment to a retail outlet.
5.03.190 GROSS RECEIPTS.
"Gross receipts" includes the total of amounts actually received or receivable from sales and the total amounts actually received or receivable for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares or merchandise. Included in "gross receipts" shall be all receipts, cash, credits and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever. Excluded from "gross receipts" shall be the following:
(1) Cash discounts allowed and taken on sales;
(2) Credit allowed on property accepted as part of the purchase price and which property may later be sold;
(3) Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser;
(4) Such part of the sale price of property returned by purchasers upon rescission of the contract of sale as is refunded either in cash or by credit;
(5) Amounts collected for others where the business is acting as an agent or trustee to the extent that such amounts are paid to those for whom collected, provided the agent or trustee has furnished the license collector with the names and addresses of the others and the amounts paid to them;
(6) Receipts of refundable deposits, except that refundable deposits forfeited and taken into income of the business shall not be excluded;
(7) As to a real estate agent or broker, the sales price of real estate sold for the account of others except that portion which represents commission or other income to the agent or broker.
5.03.200 HEALTH OFFICER.
"Health officer" means the director of health services of San Mateo County, or his or her duly authorized representative.
5.03.210 JUNK COLLECTOR.
"Junk collector" means any person who goes from place to place for the purpose of engaging in or carrying on the business of collecting, buying or selling, either at wholesale or retail, any old rags, bottles, sacks, cans, papers, metals, or any other worn out or discarded material.
5.03.220 JUNK DEALER.
"Junk dealer" means any person having a fixed place of business in the City and who is engaged in carrying on the business of buying or selling either at wholesale or retail, any old rags, bottles, sacks, cans, papers, metals, or any other worn out or discarded material.
5.03.230 MANUFACTURER.
"Manufacturer" means one engaged in making materials, raw or partly finished, into goods, wares, merchandise, or other things of value suitable for use for the purpose of sale either to wholesalers or retailers.
5.03.240 PAWNBROKER.
"Pawnbroker" means any person conducting, managing or carrying on the business of loaning money, either for himself or any other person, upon any personal property, personal security, or purchasing personal property, and reselling or agreeing to resell, such articles to the vendor or other assignee at prices previously agreed upon.
5.03.250 PEDDLER.
"Peddler" means one who goes from house to house, place to place, or in or along the streets within the City, selling and making immediate delivery, or offering for sale and immediate delivery, any goods, wares, merchandise or anything of value, in the possession of the peddler, to persons other than manufacturers, wholesalers, jobbers or retailers in such commodities.
5.03.260 PRIVATE PATROL.
"Private patrol" means any person carrying on the business or occupation of night watchman, night watch service, private policeman, or any other occupation the purpose of which is to afford additional police or fire protection for hire or reward.
5.03.270 PROPERTY.
"Property means real property and personal property.
5.03.280 RESTAURANT.
"Restaurant" means any coffee shop, cafeteria, short order cafe, luncheonette, tavern, bar, sandwich stand, soda fountain, confectionery, catering service, and any other eating or drinking establishment which sells or offers for sale food or drink to the public, and regardless of whether such food or drink is for consumption on or off the premises.
5.03.290 RETAILER.
"Retailer" means one who sells goods, wares, merchandise and other things of value for profit by small quantities or parcels directly to the consumer.
5.03.300 SOLICITOR.
"Solicitor" means one who engages in the business of going from house to house, place to place, or in or along the streets, within the City, selling or taking orders for, or offering to sell, or take orders for, goods, wares, merchandise or other things of value for future delivery, or for services to be performed in the future.
5.03.310 STREET VENDOR.
"Street vendor" means one who sells, offers for sale, or advertises for sale, any goods, wares, merchandise or other things of value from a nonstationary, nonmotorized cart in the public right-of-way.
5.03.315 TAX COLLECTOR.
"Tax Collector" means the Director of Finance or his or her designee.
5.03.320 TEMPORARY VENDOR.
"Temporary vendor" means any person who engages in a temporary or transient business in the City, selling goods, wares, merchandise or any other thing of value with the intention of conducting such business in said city for a period of not more than ninety days, and who, for the purpose of carrying on such business, hires, leases or occupies any room, doorway, vacant lot, building or other place for the exhibition or sale of goods, wares, merchandise or other thing of value; provided, however, that this section shall not apply to sample rooms for the display and taking orders for goods at wholesale.
5.03.323 TOW CAR.
"Tow car" means a motor vehicle which has been altered or designed and equipped for and is primarily used for towing vehicles by means of a crane, hoist, tow bar, tow line, or dolly or is otherwise primarily used to render assistance to other vehicles.
5.03.326 TOWING SERVICE.
"Towing service" means a business that uses a tow car or tow cars to tow vehicles or to render assistance to other vehicles.
5.03.330 USED AUTOMOBILE DEALER.
"Used automobile dealer" means any person engaged in conducting, managing, operating or carrying on the business of selling or otherwise dealing in used motor vehicles, as the term "motor vehicle" is defined in the Vehicle Code of the state of California, and who buys or accepts on consignment, or otherwise becomes possessed of motor vehicles, for the purpose of reselling, or who sells at a price greater than that originally paid therefor, two or more used motor vehicles a year for a commission; provided, however, that the provisions of this code applying to "used automobile dealers" shall not be construed to apply to any insurance company, finance company, transportation company banking corporation, or any other person who may come into possession of such used motor vehicles in the regular course of business and who sells such motor vehicles under his or her contractual or lien rights or to save himself from financial loss.
5.03.340 VEHICLE.
"Vehicle" means every device in, upon or by which, any person or property is, or may be, transported or drawn upon a public street, excepting devices moved by human power or used exclusively upon stationary rails or tracks. A trailer shall be treated as a separate vehicle.
5.03.350 VENDOR OF RACING FORMS.
"Vendor of racing forms" means any person who engages in a temporary, transient or permanent business in the City (whether at a fixed place of business or not) of selling charts, sheets, dodgers, handbills, circulars, letters, booklets or any other printed, typewritten, mimeographed or written matter of any kind pertaining to any horse race, choice of horse or horses, or giving or conveying any information about any horse, horse race or contest of endurance or speed between horses or beasts.
5.03.360 WHOLESALER.
"Wholesaler" means one who sells goods, wares and/or merchandise, or other things of value, in bulk or in large quantities to another who intends to resell the articles purchased.
Chapter 5.06 GENERAL REQUIREMENTS
5.06.010 TAX PAYMENT AND CERTIFICATE REQUIRED.
It is unlawful for any person, either for himself or for any person, to commence or carry on any business in the City, without first having paid the applicable business taxes and having obtained the tax certificate provided for in this title as proof of payment to the City, to do so, or without complying with any and all regulations of such business, contained in this title.
5.06.015 BUSINESS TAX RENEWAL.
Tax certificates shall be renewed annually by payment of the annual business tax provided for in this title.
5.06.020 SEPARATE CERTIFICATE FOR EACH PLACE OF BUSINESS.
A separate tax certificate must be obtained for each and every branch establishment or separate place of business in which a business is carried on.
5.06.030 WHEN TAXES AND PERMITS DUE.
All taxes and permit fees provided herein to be paid annually shall be due and payable and be effective as follows:
(1) Business Taxes. As established by resolution of the Council or, in the case of a new business, prior to its commencement. They shall be valid only for the period of the certificate issued.
(2) Permits. On July 1st of each year. If payable semi-annually, they shall be due and payable on the first day of July and the first day of January of each year. If payable quarterly, they shall be due and payable on the first day of July, the first day of October, the first day of January and the first day of April of each year. They shall be valid only for the period issued.
5.06.050 TAX PAYMENT NOT WAIVER.
The payment of a tax required by this title, and its acceptance by the City, and the issuance of a certificate to any person, shall not entitle the holder thereof to carry on any business in or on any building or premises designated in such certificate in the event that such building or premises are situated in a locality in which the conduct of such a business is in violation of any law, or the business itself is illegal.
5.06.060 TRANSFER.
No certificate issued under any provision of this title shall be in any manner transferred or assigned, or authorize any person, other than the person named in the certificate, to carry on the business therein named or to transact such business in any place other than the place or location therein named, without the written consent of the bureau endorsed thereon. At the time such certificate is assigned or transferred, or the place or location for the carrying on of such business is changed, the person applying for such a transfer or change shall pay to the bureau a fee of one dollar for each assignment or transfer.
5.06.070 POSTING-CARRYING.
Every person having a certificate or permit under the provisions of this title, and carrying on a business at a fixed place of business, shall keep such certificate or permit posted and exhibited, while in force, in some conspicuous part of said place of business.
Every person having such a certificate or permit and not having a fixed place of business, or having a free permit, shall carry such a certificate or permit with him or her at all times while carrying on the business for which the same was issued.
5.06.080 AFFIDAVITS NOT CONCLUSIVE.
No affidavit, return, statement, or certificate required under any provision of this title shall be conclusive upon the City, or any department, bureau, officer, or agent thereof, and whenever it appears to the satisfaction of the bureau, or any member or officer thereof, and he or she has reason to believe that a return, affidavit, statement, or certificate does not set forth the true facts required by this title, the bureau or officer may withhold the issuance of a certificate or permit therefor until such time as the business furnishes satisfactory evidence of the truth of the return, statement, affidavit, or certificate.
5.06.090 NOTICES.
Notices required under this title to be given shall be deemed to have been served when the same have been deposited at San Mateo in the United States mail enclosed in a sealed envelope, postage prepaid, addressed to such person at his or her place of business as the address of the same appears in the records of the bureau, and if no such address appears, then to his or her last known address, and if there be no last known address, then addressed to him or her at the City of San Mateo.
5.06.100 CONFIDENTIAL DOCUMENTS.
(a) Any affidavit, declaration, return, statement, and certificate, and any other documents required by this title to be filed, shall be deemed confidential in character and shall not be subject to public inspection, and shall be kept so that the contents thereof shall not become known except to the persons charged with the administration of this title. Any officer or employee of this city who wilfully violates any provision of this section is guilty of a misdemeanor or infraction as charged pursuant to Chapter 1.04, and such violation shall be cause for discharge from the City's service.
(b) EXCEPTION. Persons charged with the administration of this title are authorized to allow inspection of affidavits, declarations, returns, statements, certificates, and any other documents required by this title to be filed by a business license tax consultant hired by a business association or hired by the City to assist in establishing a downtown benefit assessment district, provided, however, that said consultant is hired shall be required to keep confidential the contents of such affidavits, declarations, returns, statements, certificates and other documents. Allowance of such inspection shall not be a violation of subsection (a) hereof. It is unlawful for a consultant to provide the contents of any affidavits, declarations, returns, statements, certificates, or other documents obtained from city to any other person.
5.06.105 PRODUCTION OF SUPPORTING DOCUMENTS.
The council, the board of review, the tax review committee, the Tax Collector, and any person designated as an agent by any of the above-listed persons for such an inspection may, at any time during normal business hours, for the purpose of enforcing the provisions of this title, inspect the accounts, books, papers, and documents of any business that holds any permit or tax certificate of the City or that has filed a permit application or business tax return with the City. Any person shall produce under the seal of the City his or her authority to make such an inspection.
The council, board of review, the tax review committee, or Tax Collector may, upon 5 days written notice, require any business that holds a permit or tax certificate issued by the City or that has filed a permit application or business tax return with the City to produce any accounts, books, papers, or documents at any location in the City that the Council, board of review, or Tax Collector may designate in writing, for the purpose of enforcing this title.
No person conducting an inspection or review pursuant to this section may reveal the information obtained from such an inspection or review to anyone not charged with the administration or enforcement of the provisions of this title.
5.06.110 COUNTY FEES, PERMITS, AND REGULATIONS—ADDED TO CITY'S.
Compliance with applicable rules and regulations of San Mateo County, including any fees paid to the county and any permits issued by the county, shall be in addition to, not in satisfaction of, any and all other conditions, taxes, fees, licenses, permits, and requirements of this code.
5.06.120 NON-PROFIT ORGANIZATIONS.
(a) Non-profit organizations that are exempt from business taxes pursuant to Government Code Section 37101(c) shall file, prior to the commencement of their activities in San Mateo and annually thereafter on a date as requested by the Finance Department, the following information on forms provided by the City: organization name; address; mailing address; phone number; names of owners/directors/manager; person to contact in emergencies; basis of tax exemption and I.D. number; zoning information; and such other information as required by the Finance Department or City Manager.
(b) For non-profit organizations that are in existence on the effective date of this ordinance, they shall have 90 days to file the information required by subdivision (a).
(c) This section shall apply to non-profit organizations that occupy offices or other building facilities in the City of San Mateo for more than a 30-day period in a year.
Chapter 5.09 BUREAU OF BUSINESS TAXES AND PERMITS
Editor's Notes
For the statutory provisions regarding the legislative power of cities to license for revenue and regulation every kind of lawful business transacted within the City, see Cal. Gov. C.A. § 37101.
5.09.010 CONTINUED—BOARD OF REVIEW ESTABLISHED.
The bureau heretofore established, shall continue to function, provided that it shall hereafter be composed of the business Tax Collector and such employees of the City as he or she may select to serve with him. The board of review (sometimes referred to in this title as "board") is established and shall function and have the powers provided for in this title. The board of review shall consist of the finance director, or his or her designee, zoning administrator, or his or her designee, the chief of the fire department of the City, or his or her designee, the chief of the Police Department, or his or her designee, and the building official of the City, or his or her designee. A designee member shall serve at the pleasure of the officer appointing him.
5.09.020 POWERS AND DUTIES GENERALLY.
(a) Bureau. It shall be the duty of the bureau of business taxes and permits, and it shall have the power, to administer this title in accordance with the terms hereof.
(b) Board. It shall be the duty of the board of review, and it shall have the power to hear appeals of business tax and permit decisions as provided in this title, and to advise the Tax Collector and the City Manager on business tax and permit policies and problems.
(c) Business Tax Collector (hereafter Tax Collector). It shall be the duty of the business Tax Collector and he or she shall have the power, regularly and promptly to require the permitting and taxing of all businesses regulated under this title and to cause the collection of business taxes, and the prosecution of all persons violating any of the provisions hereof. The Tax Collector may promulgate rules and regulations regarding enforcement of the provisions of this title with approval by resolution of the Council. These rules and regulations shall be enforceable as part of this code.
(d) Business Tax Collector—Employees—Inspectors. The business Tax Collector, all business tax inspectors and employees of the finance department in the discharge of their official duties, and all police officers shall have and exercise the power, and it shall be their duty:
(1) To make arrests for the violation of the provisions of this title;
(2) To enter free of charge at any time any place of business for which a tax or permit is required, and to demand the exhibition of such tax certificate or permit for the current term from any person engaged or employed in the transaction of such business; and
(3) To require the holder of any free certificate or permit to write his or her signature and furnish his or her photograph and be fingerprinted for the purpose of comparison with the data in connection with the original tax certificate or permit.
5.09.025 TAX REVIEW COMMITTEE.
The tax review committee is established and shall function as an appellate board for hearing appeals of assessment of business tax as provided in chapter 5.18. The committee shall consist of the City Manager, or his or her designee, the City Clerk, or his or her designee, and the finance director, or his or her designee. A designee member shall serve at the pleasure of the officer appointing him.
Chapter 5.12 TAX RETURN FILING—ISSUANCE OF CERTIFICATE
5.12.010 FIRST FILING—DECLARATION FOR ISSUANCE OF CERTIFICATE.
Upon a person filing a business tax return for the first time in the City, or for a newly established business, he or she shall furnish to the bureau, for its guidance in ascertaining the amount to be paid by the applicant business, a written return under penalty of perjury, upon a form provided by the bureau, setting forth such information as may be therein required as may be necessary properly to determine the amount of the license tax to be paid by the business.
If the amount of the tax to be paid by the business is based upon the average number of persons employed, or upon the gross receipts of its business, it shall estimate the average number of persons to be employed in its business, or the gross receipts of its business, as the case may be, for the period to be covered by the return. This estimate, if accepted by the bureau as a reasonable one, shall be used in determining the amount of tax to be paid by the business; provided, however, the amount of the tax so determined shall be tentative only, and such business shall, within thirty days after the expiration of the period for which a tax certificate may have been issued, furnish the bureau with a statement under penalty of perjury upon a form furnished by it, showing the exact number of persons employed in such business, or the exact gross receipts of such business, as the case may be, during the period of such certificate, and the tax for such period shall be finally ascertained and paid in the manner provided by this title for the ascertaining and paying of renewal of certificates for other businesses, after deducting from the payment found to be due, the amount paid at the time such first certificate was issued. The bureau shall not issue to any such business another certificate for the same, or any other business, until that business shall have furnished to it the written statement and paid the tax as hereinabove required.
5.12.020 CONSTITUTIONAL APPORTIONMENT.
None of the business taxes provided for in this chapter shall be so applied as to occasion an undue burden upon interstate commerce or be violative of the equal protection and due process clauses of the Constitution of the United States and the State. In any case where a business tax is believed by a business tax certificate holder or applicant for a business tax certificate to place an undue burden upon interstate commerce or be violative of such constitutional clauses, he or she may apply to the Tax Collector for an adjustment of the business tax. Such application may be made before, at, or within one year after the payment of the prescribed business tax. The applicant shall, by sworn statement and supporting testimony, show his or her method of business, his or her gross receipts, and such other information as the Tax Collector may deem necessary in order to determine the extent, if any, of such undue burden or violation. The Tax Collector shall then conduct an investigation and, after having first obtained the written approval of the City Attorney, shall fix as the business tax for the applicant an amount that is reasonable and nondiscriminatory or, if the business tax has already been paid, shall order a refund of the amount over and above the business tax so fixed. In fixing the business tax to be charged the Tax Collector shall have the power to base the business tax upon a percentage of gross receipts or any other measure which will assure that the business tax assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the business tax as prescribed by the provisions of this chapter. Should the Tax Collector determine the gross receipts measure of business tax to be the proper basis, he or she may require the applicant to submit, either at the time of termination of the applicant's business in the City or at the end of each fiscal year, a sworn statement of the gross receipts and pay the amount of business tax therefore; provided, however, no additional business tax during any one calendar year shall be required after the business tax certificate holder shall have paid an amount equal to the annual business tax as prescribed in this chapter.
5.12.025 ASSESSMENT OF CORRECT TAX.
The Tax Collector may review any return filed pursuant to this chapter and may request or inspect any documents or accounts as provided for in this title or in rules and regulations promulgated pursuant to this title to determine what the correct tax due is. If the Tax Collector determines that too much tax was paid, he or she shall cause the overpayment to be paid to the business affected within 10 days. If he or she determines that too little tax was paid, he or she shall require immediate payment of the additional amount due, plus a penalty of fifty percent of the additional amount due. If the payment is not made within ten days of notice to the business of the additional amount due, the Tax Collector shall report the matter to the tax review committee pursuant to Chapter 5.18.
5.12.050 TAX RETURN OR APPLICATION REQUIRED—CONDITIONS. [Repealed]
Repealed.
5.12.060 DISCLOSURE OF ENTERTAINMENT.
Any person filing an initial or renewal return hereunder for any business wherein entertainment as defined in Section 27.64.210(5)(c) will be provided shall disclose that fact in said return.
5.12.080 RENEWAL RETURN—AFFIDAVIT.
In all cases, the applicant for the renewal of an expired certificate shall render to the bureau, for its guidance in ascertaining the amount of the tax to be paid by the business a written return under penalty of perjury upon a form to be provided by the bureau, setting forth such information concerning the business during the preceding year as may be required by the bureau to enable it to ascertain the amount of the tax to be paid by the business pursuant to the provisions of this title.
5.12.090 ISSUANCE—PROCEDURE.
All returns on which a tax is to be paid shall be referred to the Tax Collector. He or she shall have the power in the first instance to determine whether the returns comply with the provisions of this title, and to approve or reject them. If he or she finds that the return does not comply, he or she shall reject it. If it is rejected, the business may appeal as provided in this title.
If the Tax Collector determines that the return complies with this title, that all applicable sections of this code have been complied with, and full payment of all business taxes due has been made, he or she shall issue the business a certificate of payment.
5.12.100 ISSUANCE—CONTENTS OF CERTIFICATE.
Every business required to have a certificate under this title shall file a return with the bureau, and upon approval of the return and the payment of the prescribed tax, the bureau shall issue to such business a certificate which shall contain:
(1) The names of the person to whom the certificate is issued;
(2) The business;
(3) The place where such business is to be carried on;
(4) The date of the expiration of the certificate;
(5) A receipt for the amount of tax paid for such certificate; and
(6) Such other information as the bureau shall determine.
5.12.110 IDENTIFICATION CARD.
The bureau shall issue to each person to whom a certificate is issued, an identification card for each employee who is engaged in the regular conduct of his or her business where deemed necessary by bureau. This identification card shall be in such a form as the bureau shall determine and shall be carried by each employee at all times while carrying on the business for which it was issued, and each employee shall produce and exhibit the same on demand.
5.12.130 FREE CERTIFICATE OR PERMIT.
Every person required to have a free permit under this title shall make application for the same to the bureau and upon determination that the application is meritorious, the bureau shall issue to this person a free permit, which shall contain the matters required by Section 5.12.100 and such other information as the bureau shall determine.
5.12.140 FREE CERTIFICATE OR PERMIT—ISSUANCE.
All applications for free certificates and permits shall be referred to the City Manager, and he or she shall have the power in the first instance to determine the merits of such applications, and whether applicants under the law are entitled thereto, and to approve or reject any of these applications. If he or she approves any such application, he or she shall issue to the applicant a free permit or certificate. If he or she rejects such an application, the applicant shall have the right to appeal at the times and in the manner provided in this title. A separate permit or certificate shall be required for each person intending to exercise any right under this section.
5.12.150 FREE PERMIT—COSTS.
Payment of reasonable costs for processing free certificates and permits shall be required in accordance with the provisions of this title or as may be otherwise provided by resolution.
5.12.160 LOST PERMIT OR CERTIFICATE—FEE.
The bureau shall make a charge of five dollars for each duplicate certificate or permit issued to replace any certificate or permit issued under the provisions of this title, which may have been lost or destroyed; an applicant for replacement shall make satisfactory proof of such loss.
Chapter 5.15 PERMITS FOR CERTAIN BUSINESSES
5.15.010 Permit Required - Application.
(a) It is unlawful for any person to operate, engage in, conduct or carry on, or permit such to be done in or upon any premises within the City, the following businesses:
(1) Automobile wrecker;
(2) Campground;
(3) Entertainment, as defined in Chapter 5.43;
(4) Escort service;
(5) Health bathing operator;
(6) Health studio;
(7) Junk dealer;
(8) Massage studio;
(9) Masseuse or masseur;
(10) Pawnbroker;
(11) Private street patrol;
(12) Racing forms vendor;
(13) Regulated sale;
(14) Secondhand dealer;
(15) Taxicab driver;
(16) Temporary vendor;
(17) Towing service; or
(18) Trailer camp
unless a permit for such a business has first been obtained from the bureau and remains in effect in accordance with the provisions of the chapter title.
(b) Unless otherwise provided in this title, each applicant for a permit shall provide the following information:
(1) Declaration under penalty of perjury in duplicate giving the following:
(A) The name and any aliases of applicant,
(B) The current, permanent address and mailing address if different, of applicant,
(C) Local business address,
(D) Description of applicant's personal characteristics,
(E) Brief description of the nature of the business, and method of operation,
(F) If employed, the name and address of employer, together with such credentials as may be required by the license bureau establishing the exact relationship,
(G) The length of time during which the applicant desires to do business,
(H) If vehicles are to be used, each vehicle's description, license number, and other means of identification,
(I) A statement of whether or not applicant or his or her employer has ever been convicted of a felony or misdemeanor, the date, nature thereof, the state of conviction, and penalty assessed therefor,
(J) A statement of whether or not applicant, or his or her employer, has ever been denied or had revoked or suspended, a business permit by the City or any other jurisdiction, and the reasons therefor,
(K) All residence and business addresses of applicant for the preceding three years,
(L) Applicant's occupation for the preceding three years;
(M) Applicant's experience, if any, in the business for which the permit is sought,
(N) 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 ten percent of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and the 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 apply also.
(2) As applicable, a photograph of applicant taken within sixty days immediately prior to the date of filing the application, which photograph shall show the head and shoulders of applicant;
(3) A set of fingerprints of the applicant;
(4) Such other and further information as the Tax Collector may require.
The application shall be signed by each and every owner of the business. If the owner is a corporation, the application shall be signed by the representative designated by the corporation's board of directors.
(c) Unless otherwise specified within this title a non-refundable charge of fifty dollars shall be made at the time of filing the application for expenses in connection with investigation of the application and shall be paid to the Tax Collector.
(d) At the time of application for a permit, the applicant shall also file a business tax return pursuant to this title and furnish the information required by Chapter 5.06 of this Code. No business tax certificate shall be issued until the investigation is completed on the application for a permit and approved; and then it shall be issued upon payment of the business tax as provided.
5.15.020 INVESTIGATION—APPEAL.
(a) A duplicate of the application designated in Section 5.15.010 shall be referred to the Police Department and such other city departments as the Tax Collector deems necessary for inspection, investigation and recommendation. No permit shall be issued without written approval of the Chief of Police.
(b) If, as a result of such an investigation, the character and business responsibility of applicant are found to be satisfactory, and the business will comply with applicable provisions of this code, the Chief of Police and other departments shall endorse on the application their recommendations and deliver the application to the Tax Collector who shall, if the application is approved, upon payment of the prescribed business tax, issue to the applicant the permit to operate along with a business tax certificate. Such permit shall contain the signature of the issuing officer and shall show the name, address and photograph of the permittee, if applicable, the class of permit issued and the kind of goods to be sold thereunder or the kind of services to be rendered, the amount of fee paid, the date of issuance, and the length of time the same shall be operative, as well as the permit number.
(c) If, as a result of such an investigation, the applicant's character or business responsibility or that of his or her employer is found to be unsatisfactory, the Chief of Police or other department head shall endorse on such application his or her findings and reason for disapproval and return such application to the Tax Collector, who shall notify the applicant that his or her application is disapproved and that no permit will be issued.
(d) A permit which may be issued under this chapter may be refused by the City for any of the following reasons:
(1) Fraud, misrepresentation or false statements contained in the permit application or made in the course of carrying on the business;
(2) Any violation of this title;
(3) Conviction of any felony or misdemeanor involving moral turpitude;
(4) Failure to file the documents required under the provisions of this title;
(5) Conducting the business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.
(e) In the event the application has been disapproved, applicant may appeal as provided in this title.
5.15.030 PERMIT—NONTRANSFERABLE.
No permit issued under this title may be transferred to any person other than the person to whom it is issued.
5.15.040 PERMIT—CHANGE OF LOCATION.
No permit holder may change the location of the business within the City as stated in the permit then on file with the Tax Collector without giving 30 days written notice of the proposed change of location to the Tax Collector accompanied by an inspection fee of thirty dollars. The Tax Collector shall notify the police, health, fire, and community development departments of the proposed change in locations.
If, as a result of investigation by these departments, the Tax Collector determines that the new location would violate the provisions of any law, he or she shall notify the permit holder in writing that the location shall not be changed or the permit shall be revoked.
If a business moves after being notified by the Tax Collector that such a move is not permitted pursuant to this section, the Tax Collector shall suspend the permit of the business.
Chapter 5.18 APPEAL AND REVIEW—REVOCATION—REFUSAL
5.18.010 SUSPENSION—REVOCATION.
If the Tax Collector, or bureau, or any member of the board has reason to believe that any business to which any permit has been issued pursuant to this title does not comply with any law of the state, or any portion of this code, or any rules and regulations described in Section 5.12.050, or any business refuses to submit any information requested pursuant to Section 5.06.105, and if within five (5) days after demand has been made therefor, the required information is not furnished, or the business is not made to conform with the requirements described above, the matter may be reported to the board by the Tax Collector.
The board may issue an order to show cause, giving at least five (5) days' written notice by mail to the business concerned of a hearing to be held before the board at a time and place to be fixed in the notice, why the permit or certificate should be issued, or if issued, why it should not be suspended until the claimed violation has been corrected, or why the permit or certificate should not be revoked, or why a fee for inspection of the premises, in an amount specified in the notice, of not less than five (5) dollars nor more than $50.00, should not be fixed for payment by the business.
The determination of the board shall be subject to appeal by any interested person to the Council.
If the permit or certificate is revoked or suspended, the Tax Collector may, in his or her discretion, refund a portion of the tax or fee paid by the business. The portion is to be prorated for the period during which the business is inoperative due to the revocation or suspension, for the balance of the period covered by the certificate or permit.
5.18.020 APPEAL.
Any interested person may appeal any decision of the Tax Collector, Chief of Police, or bureau under this title, in writing to the board of review within 10 days after the date of decision. The board shall forthwith set the matter for hearing and cause written notice of the time and place thereof to be given by mail to the appellant, and, in any case, the affected business, not less than five (5) days prior to such hearing. At such hearing the appellant shall appear and offer evidence in support of his or her position. After such hearing, if proper showing is made entitling certificate appellant to relief, the board shall determine the proper fee or relief to be ordered and shall forthwith give written notice to the appellant and affected business of such determination and of the amount of any fee. The board shall cause written notice of its decision to be given by mail to the appellant and the affected business.
5.18.025 APPEAL OF TAX DETERMINATION.
Any interested person or the Tax Collector may request the tax review committee to review the information supporting the return or assessment of any business tax to determine what the correct business tax should be pursuant to this title. The committee shall forthwith set the matter for hearing and cause written notice of the time and place thereof to be given by mail to the appellant and the affected business not less than five days prior to the hearing. At the hearing, the appellant shall appear and offer evidence in support of his or her position. After the hearing the committee shall determine the correct tax to be paid. If a business fails to pay the tax determined by the committee within ten days of the committee's determination, the committee shall suspend the certificate of the business.
5.18.030 REVIEW.
Within 10 days after written notice of any determination by the board of review, tax review committee, or city manager pursuant to this title, any interested person may appeal in writing to the Council for a review of the Board, Tax Review Committee, or Manager's decision by filing a written appeal with the City Clerk together with a filing fee of twenty-five dollars. The Council shall forthwith set the matter for hearing and cause notice of the time and place thereof to be given by mail to the appellant, and, in any case, the affected business, not less than five (5) days prior to such hearing. At the hearing the appellant shall appear and offer evidence in support of his or her appeal. The Council shall have the power to confirm, reverse, modify, or correct the determination of the board, committee, or manager in any regard. If proper showing is made entitling such appellant to a certificate or permit, the Council shall authorize the granting of the certificate or permit, or its continuation, as the case may be, on such terms and conditions as it shall determine and not inconsistent with this code, shall determine the proper fee or tax to be charged, and shall cause written notice to be given by mail to the appellant and the affected business of its determination and of the amount of the fee or tax, if any.
5.18.040 DECISION FINAL.
The decision of the Tax Collector, or bureau or Chief of Police, in the absence of an appeal to the Tax Review Committee or Board of Review, the decision of the Board, Committee, or Manager, in the absence of an appeal to the Council, and the decision of the Council, in any review, shall be final and conclusive upon any and all persons affected thereby. Any fee or tax finally determined shall be due and payable as of the date the original fee or tax was due and payable, together with any penalties that may be due thereon; provided, however, that if the fee or tax is fixed in accordance with the original statement of an licensee appellant business, then no penalty shall attach to the fee or tax by reason of any delinquencies.
5.18.050 ADMINISTERING OATHS.
The board of review and the Council shall have the power to issue orders to show cause, hear evidence, administer oaths, to certify to all official acts, and issue subpoenas for, and to examine and require the attendance of witnesses and the production of records and documents upon any hearing provided under this title. The Tax Collector shall have the power to administer oaths in the execution of any affidavit, return, statement, or certificate required by this title.
Chapter 5.21 PAYMENT UNDER PROTEST
5.21.010 RIGHT TO PAY UNDER PROTEST.
After any of the business taxes or permit fees provided for in this title are payable, any person may pay such fees or taxes under protest. A payment under protest is not a voluntary payment.
5.21.020 PROTEST—FORM—CONTENTS.
The protest shall be in writing, specifying:
(1) Whether the entire payment is claimed to be void, or, if only part, what portion;
(2) The grounds on which the claim is founded.
5.21.030 PROTEST—NUMBERING—FILING.
The written protest shall be numbered by the Tax Collector and filed in his or her office.
5.21.040 PROTEST DETERMINATION.
Every tax payment under protest shall be considered to be an appeal of the tax determination and shall be subject to Sections 5.18.020 to 5.18.050 of this Title.
Chapter 5.24 BUSINESS TAX
5.24.020 AUCTIONEER.
Every person conducting the business of auctioneer shall pay a business tax of one hundred dollars for the first day during which he or she conducts an auction sale, and fifty dollars for each subsequent day.
5.24.030 AUTOMOTIVE INDUSTRY—TAXES.
(a) Persons conducting any of the following automotive-related business shall pay an annual business tax as follows:
(1) Public garage or parking lot, thirty dollars;
(2) New or used auto sales, seventy-five dollars;
(3) Auto repair shop, including body repair and painting, and excluding businesses engaged primarily in retail merchandising, thirty dollars;
(4) Gasoline service stations, eighty-five dollars;
(5) Auto upholstery shop, thirty dollars.
Should any person conduct more than one of the abovementioned businesses at a single location, he or she shall be liable for only the largest applicable license tax provided by this section.
(b) Records and Reports Required. Every used automobile dealer shall keep a record of the purchases, consignments, sales, and exchanges of each motor vehicle purchased, sold, consigned to be sold, or exchanged by such dealer and said record shall at all times be open to the inspection of the license Tax Collector, or Chief of Police, or any peace officer under his or her direction. Said record shall contain the name and address of the person, firm, or corporation from whom purchased, or received, the make, state license number, motor number, serial number, style and seating capacity of any used motor vehicle purchased or received.
5.24.060 CARNIVAL.
Every person conducting any fair or carnival, or other like or similar exhibition or amusement, shall pay a single business tax of thirty dollars for each of the following:
(1) Side show;
(2) Ferris wheel, merry-go-round, circle swing, dodger, lindyloop or similar mechanical device;
(3) Game of chance or skill;
(4) Booth or wagon from which food, candy, or soft drinks are sold; provided, however, that no tax shall be charged where it appears to the satisfaction of the bureau that no admission fee is charged therefor, or that the whole thereof is or will be given for benevolent purposes; and provided further, that no portion of any street shall be used for such purposes.
5.24.070 CHRISTMAS TREE AND PUMPKIN SALE LOTS.
Each person engaging in the business of selling Christmas trees and decorative vegetation or pumpkins upon a lot or premises for which no other valid retail sale business tax certificate is outstanding shall pay a tax of fifty dollars per season; in addition, each return shall be accompanied by a cash deposit of one hundred dollars to assure that the business removes all temporary structures, debris, and litter from the lot or premises where the business intends to operate. On the failure of the business to remove all temporary structures, debris, and litter from the lot or premises, after ceasing operation, the deposit will be forfeited to the City; otherwise, the building official shall cause the deposit to be refunded within fifteen days of written notice to the building official by the business that the operation has ended; provided, however, that no tax shall be charged or deposit required where it appears to the satisfaction of the City Manager that such sales are for the benefit of eleemosynary, philanthropic, or other nonprofit organizations in the City. Notwithstanding any other provisions of this code, the sale of Christmas trees or pumpkins shall be a temporary permitted use in residential zones for eleemosynary, philanthropic, and other nonprofit organizations only with a special permit obtained from the City Manager.
5.24.080 CIRCUS.
Every person conducting the business of a circus, menagerie, wild west show, or any other like or similar exhibition given under, or surrounded or partially enclosed by, canvas, shall pay a tax of one hundred fifty dollars for the first day and thirty dollars for each additional day.
5.24.090 CONTRACTORS.
Every person conducting the business of contractor shall pay an annual tax as follows:
(1) General contractor, one hundred dollars;
(2) All other contractors, forty dollars.
5.24.110 HORSE RACING.
Every person engaged in the business of conducting races or other contests of speed or endurance between horses or other animals within the City and from which the City does not collect a parimutuel tax pursuant to Section 3.44.022 of this code, shall pay a tax of one hundred dollars per day, in advance. In the event that the net proceeds of the holding of any such race or contest is wholly or substantially devoted to a charitable or public or patriotic object, the Council may, in its discretion and upon proper proof of such circumstances, waive the tax for such a day in whole or in part.
5.24.120 HOTEL, MOTEL, ROOMING HOUSE.
Every person conducting the business of a hotel or roominghouse shall pay an annual business tax of thirty dollars plus two dollars and fifty cents for each room in excess of twelve used for rental to guests.
5.24.130 NEWSPAPER PUBLISHING.
Every person conducting the business of newspaper publishing shall pay an annual business tax as follows:
(1) Daily publishing, one hundred dollars;
(2) Other than daily publishing, seventy-five dollars.
5.24.140 PAWNBROKER.
Every person conducting the business of a pawnbroker shall pay an annual business tax of thirty dollars.
5.24.150 PEDDLER.
Every person conducting the business of a peddler, excepting peddlers of newspapers, periodicals and publications, shall pay an annual business tax of thirty dollars.
5.24.160 PROFESSIONS.
Each person engaged in the profession of accountant, appraiser, architect, assayer, attorney, auditor, bacteriologist, certified public accountant, chemist or laboratory specialist or operator, chiropodist, chiropractor, civil engineer, dental laboratory specialist or operator, dentist, electrical engineer, geologist, hydraulic engineer, medical laboratory specialist or operator, oculist, optician, optometrist, osteopath, physician, structural engineer, surgeon, surveyor, and veterinarian, shall pay an annual business tax based upon the annual gross receipts of that person so applying for the calendar year preceding filing such application, in the same amounts provided for each respective class as set forth in Section 5.24.200.
5.24.170 PUBLIC DANCE.
Every person conducting the business of operating a public dance or dancehall shall pay a business tax of thirty dollars per night in advance. Where dances are held four or more times per year, the tax shall be one hundred twenty dollars annually.
5.24.180 REAL ESTATE BROKER—STOCKBROKER.
Every person conducting the business of real estate broker or stockbroker shall pay an annual business tax of fifty dollars plus five dollars for each salesman associated with or employed by such broker.
5.24.190 RETAILERS—WHOLESALERS—MANUFACTURERS—BUSINESSES AND PROFESSIONS NOT SPECIFICALLY LISTED.
Every person, retailer, or jobber engaged in managing, operating or carrying on a business of selling at retail any goods, wares, merchandise or things of value; or engaged in managing, operating or carrying on any trade, profession, occupation, service, calling, or business in this city, shall pay an annual business tax based upon their annual gross receipts, as follows:
| Under $30,000 | $25.00 |
| $30,001—$40,000 | 30.00 |
| $40,001—$45,000 | 38.00 |
| $45,001—$50,000 | 46.00 |
| $50,001—$55,000 | 54.00 |
| $55,001—$65,000 | 62.00 |
| $65,001—$70,000 | 70.00 |
| $70,001—$75,000 | 78.00 |
| $75,001—$80,000 | 86.00 |
| $80,001—$85,000 | 94.00 |
| $85,001—$90,000 | 102.00 |
| $90,001—$95,000 | 110.00 |
| $95,001-$100,000 | 115.00 |
| Over $100,000, | $115.00 plus $2.85 for each $5,000 or fraction thereof, thereafter. |
The tax provided for in this section shall be based upon the gross receipts of the business for the calendar year immediately preceding the filing of the return.
In the event the business has not been conducted for that preceding year, it shall file an estimate of gross receipts expected for the calendar year for which the certificate is to be issued, and the tax shall then be based on that estimate.
Any remaining tax due under the provisions of Section 5.12.010 shall be paid within thirty days after the end of the period for which the certificate has been issued.
5.24.200 SCHOOL, PRIVATE.
Each person conducting the business of private school shall pay an annual business license tax of $50.00.
5.24.210 SHOWS—EXHIBITIONS.
Every person conducting a business or a charity fund-raising event of producing live performances, the exhibition of motion pictures in establishments not principally devoted to such exhibition, lectures, entertainment, shows, contests or exhibitions not otherwise specifically required herein to pay a business tax shall pay an annual business tax of $200.00.
When such a business or charity fund-raising event will be conducted for a period of 60 days or less, the business tax shall be in the amount of $50.00.
Provided, however, that every operator or sponsor of a show or exhibition with commercial sales for profit shall pay a business tax as follows:
(1) On all shows and exhibitions conducted for profit, with commercial sales by individual exhibitors and sales booths, the tax shall be:
(A) For each sponsor or operator thereof, a daily tax of $20.00 up to a maximum of $140.00 for any one show or exhibition;
(B) For each exhibit booth or exhibitor conducting sales under such sponsorship, a tax of five dollars for the duration of any one show or exhibition.
(2) On all shows and exhibitions conducted by a charitable organization as a charity fund-raising event, with commercial sales by individual exhibitors and sales booths, the rates shall be:
(A) For each charity sponsor or operator thereof, a daily tax of $10.00 up to a maximum of $70.00 for any one show or exhibition;
(B) For each exhibit booth or exhibitor conducting sales under such sponsorship, a tax of five dollars for any one show or exhibition.
(3) The sponsors or operators of all shows and exhibitions, whether profit-making or charitable, shall obtain their business tax certificate by payment of the tax prior to the opening of the show or exhibition. Thereafter, they shall collect all taxes due hereunder from each of their exhibitors who have engaged in sales of merchandise as part of the show or exhibition and remit the same with a brief accounting of the number of exhibitors and amount of taxes due and paid within ten days of the close of said show or exhibition.
5.24.220 SOLICITOR.
Every person conducting the business of solicitor shall pay a business tax of seventy-five dollars per quarter and five dollars per day for each person in excess of two employees within the City in such business.
5.24.230 VENDOR—RACING FORMS.
(a) Each vendor of racing forms shall pay a business tax for horse racing or harness racing meets, or a meeting including both, as follows:
(1) A tax of ten dollars for each day during such meeting, for selling any racing form under one title or name, and
(2) A tax of two dollars and fifty cents for each day during such meeting, for the privilege of selling each racing form under any title in addition to the first, and
(3) A tax of ten dollars for the entire period of such meeting for each person employed in such business within the City;
Where any such meeting extends over a period of fewer than thirty days:
(1) A tax of five dollars for each day during such meeting for selling any racing form under one title or name, and
(2) A tax of one dollar and fifty cents for each day during such meeting, for selling each racing form under any title in addition to the first, and
(3) A tax of ten dollars for the entire period of such meeting for each person employed in such business within the City.
(b) All taxes payable under the terms set forth in this section shall be paid at the rates in this section provided, in advance, to include the entire number of racing days granted by the duly constituted authority, prior to the issuance of any certificate herein provided for.
5.24.240 Vendor - Street.
Every person conducting the business of street vendor shall pay a business tax of ten dollars per day.
5.24.250 VENDOR—TEMPORARY.
Every person conducting the business of a temporary vendor shall pay a business tax of twenty dollars per day, and the sum of five dollars per day for each person employed within city in such business in excess of three persons.
5.24.260 VEHICLES—FEES.
Every person driving, operating or maintaining any vehicle, trailers included, upon any street in the City in connection with any business of hauling, draying, moving or similar operation, which business is not otherwise taxed under other provisions of this title, shall pay an annual business tax of thirty dollars for each such vehicle.
5.24.270 VEHICLES—QUALIFICATION.
Every person who has paid a vehicle business tax under the provisions of Section 5.24.280, or has paid a business tax under any other provisions of this title, may also obtain a vehicle license sticker for purposes of identification and for use of city facilities upon payment of the sum of two dollars for each vehicle to be used for such purposes.
5.24.280 WATER COMPANY.
Every person conducting the business of water company shall pay an annual business tax of 1.35% of gross receipts from all business conducted within the City of San Mateo.
Chapter 5.27 ENFORCEMENT
5.27.010 PENALTIES.
(a) If a tax certificate is not renewed by payment of the annual business tax by the 45th day after the tax becomes due, the Tax Collector shall add to the amount due, as a penalty, 5% thereof for each 30 days or fraction thereof after the 45th day that the tax is unpaid, provided that after 150 days from said 45th day, and after 7 days' notice from the Tax Collector, the penalty shall be 100% of the tax.
(b) Double Business Taxes. Notwithstanding any other provision of this title, any person who has conducted any business in this city for which a tax payment is required, without first having paid the business tax due, and after having received seven days' notice from the collector in any year of the need to pay the tax, shall pay a business tax as follows:
If such a tax is payable in advance for a certain period the tax shall be double the amount otherwise required for such purpose and period, or double the amount otherwise required for the period during which the business has been conducted without paying the tax, whichever is the greater.
5.27.020 CONVICTION NOT WAIVER.
The conviction and punishment of any person for transacting any business without a tax payment or a permit as required by this title shall not excuse or exempt such person from the payment of any tax or fee due or unpaid at the time of such conviction, and nothing herein shall prevent a criminal prosecution for any violation of the provisions of this title.
5.27.030 BUSINESS TAX OR PERMIT FEE DEEMED DEBT.
The amount of any tax, fee, or penalty imposed by this title is a debt to the City. Any person carrying on any business, without first having procured a certificate or permit from the City to do so, is liable to an action in the name of city in any court of competent jurisdiction, for the amount of permit fee, tax, and penalties imposed on such business, and an attachment shall issue on a verified complaint without any bond or affidavit being given in behalf of the plaintiff.
5.27.040 EVIDENCE OF LIABILITY.
In any action brought under, or arising out of, any of the provisions hereof, the fact that a party thereto represented himself as engaged in any business or calling for which a certificate or permit is required, or that such party exhibited a sign indicating such business or calling, is conclusive evidence of the liability of such party to pay a tax or fee for such business.
Chapter 5.36 AUTOMOBILE WRECKING
5.36.010 PERMIT—REQUIRED.
No person shall engage in, conduct, manage or carry on the business of an auto wrecker without first obtaining a written permit therefor from the bureau.
5.36.020 PERMIT—FEES.
The bureau, before considering an application for such a permit, shall require the payment of a one hundred dollar fee therefor. Such permit fee, when the permit is approved, shall entitle any person to operate not more than one auto wrecking yard in the City. Any person desiring to operate additional auto wrecking yards shall make a new application and pay the initial filing fee of one hundred dollars for each such yard.
5.36.080 REPORT OF WRECKED CARS.
Every auto wrecker, within forty-eight hours after buying or receiving an automobile or a wrecked automobile, shall make out and deliver to the Chief of Police, on a blank form to be obtained from the office of the Police Department for that purpose, a full, true and complete description of any automobile or wrecked automobile so purchased. Such report shall contain:
(1) The name and address of the person from whom same was purchased or received;
(2) The name, state license number, motor number, serial number, style and seating capacity of any such used motor vehicle purchased or received.
The report of all purchases, assignments and sales or exchanges of motor vehicles shall at all times be open to the inspection of the Chief of Police or any other police officer of the City.
5.36.090 SALE OF WRECKED PARTS.
No person shall dispose of the whole, or any part of, any motor or motor vehicle, including, but not limited to, tires or any other accessories, within five days after the same has been received, unless such person has secured a release from the Chief of Police allowing him or her to sell the whole, or any portion of, such automobile prior to such five-day period.
5.36.100 REPORTS—FAILURE TO FILE.
No person engaged in conducting or carrying on, the business of auto wrecker shall fail, refuse, or neglect to keep any record or file any report in the time, form, and manner required by this chapter or state or federal law, or fail, refuse, or neglect to exhibit to the Chief of Police or any police officer of the City immediately upon demand, for inspection, any such record or report.
5.36.110 REPORTS—CONFIDENTIAL.
The Chief of Police shall file in some secure place in his or her office, all reports received pursuant to the terms of this chapter, and such reports are to be open to inspection only by members of the Police Department of the City or upon an order of a court of competent jurisdiction made for that purpose.
5.36.120 HOURS OF BUSINESS.
No auto wrecker shall remain open for the purpose of buying or selling wrecked or used automobiles, or parts or accessories thereof, between the hours of seven p.m. of any day and seven a.m. of the following day.
5.36.130 FENCING REQUIREMENTS.
The auto wrecking business may be conducted in an open lot, provided such lot is surrounded on all sides by a tight board fence not less than six feet in height, and designed so as to keep out dust. Such fence shall be painted on the outside with a fire retardant paint. The whole, or a portion, of such fence may be set back for a sufficient distance and width to accommodate a display of not more than six reconstructed automobiles, provided such displayed automobiles do not protrude beyond the property line in any case.
5.36.140 CRANK CASE AND GAS TANK EMPTYING REQUIRED.
Every person conducting an auto wrecking business shall, immediately upon receipt of a wrecked or damaged automobile to be dismantled, empty the crank case and gasoline tank completely of their contents so as to avoid all danger of fire or explosion.
5.36.150 PASSAGEWAY REQUIREMENTS.
All bodies and other parts of automobiles in an auto wrecking establishment must be piled in an orderly manner, with a sufficient number of clear and adequate passageways to allow free and unobstructed access and movement of the fire department in case of fire. The manner of handling and keeping dismantled automobiles, and parts thereof, in an auto wrecking establishment shall, at all times, be subject to the approval of the chief of the fire department.
Chapter 5.42 BILL POSTING—SIGN PAINTING
Editor's Notes
See also Signs, Title 25.
5.42.010 CERTIFICATE REQUIRED—TAX.
Every person who maintains, conducts or carries on the business of bill posting shall pay a business tax of $100.00 per year.
5.42.040 SIGN PAINTERS—SIGN WRITERS—CERTIFICATE REQUIRED.
Every person who maintains, conducts, or carries on the business of sign painter or sign writer shall pay a business tax of $50.00 per year.
Chapter 5.43 ENTERTAINMENT BUSINESSES
ARTICLE 1 GENERAL PROVISIONS
5.43.010 PURPOSE.
It is the purpose of this chapter to regulate entertainment businesses to promote the health, safety, and general welfare of the residents of the City. The provisions of this ordinance have neither the purpose nor effect of imposing limitation or restriction on the content of any entertainment activity.
5.43.020 DEFINITIONS.
(a) Adult Cabaret. The term "adult cabaret" as used in this chapter, means a nightclub, restaurant, or similar business establishment which (1) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (2) which regularly features persons who appear semi-nude; and/or (3) shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
(b) Amusement Arcade. The term "amusement arcade" is defined as any business or establishment which has located on its premises five or more amusement devices which are kept thereon for the purpose of being played, operated or used by the patrons of the arcade on a prepaid basis or for money or tokens deposited in the amusement machine played, operated or used. Arcade is also defined as any premises wherein not less than twenty-five percent of the public floor area is devoted to amusement devices whether or not said amusement devices constitute the primary use or accessory use of the premises.
(c) Amusement Device. The term "amusement device" is any device, game or contrivance, including, but not limited to pin ball machines, video games, computer games and electronic games, for which a charge or payment is received for the privilege of playing, using or operating the same and which, as the result of such use, operation or playing does not entitle the person using, operating or playing such device, game or contrivance to receive the same return in market value in the form of tangible merchandise each time such device, game or contrivance is used, operated or played. Pool tables shall not be considered amusement devices for the purposes of this chapter.
(d) Entertainment. The term "entertainment" shall mean any show, play, skit, musical revue, karaoke, dance production, concert, opera and the production or provision of sights or sounds or visual or auditory sensations which are designed to or may divert, entertain or otherwise appeal to members of the public who are admitted to a place of entertainment, which is produced by any means, including radio, phonograph, tape recorder, piano, orchestra or band or any other musical instrument, television, slide or movie projector, spotlights, or interruptible or flashing light devices.
(e) Entertainment Business. The term "entertainment business" shall mean any amusement arcade and any place of business wherein entertainment is offered or given to the public, whether or not a fee is charged for admission thereto, except theaters and businesses where only incidental entertainment is offered or given.
(f) Incidental Entertainment. The term "incidental entertainment" shall mean the use of radio, television, or music recording devices or juke boxes in any establishment when used for background only. In addition, this term includes non-amplified live performance by a performer (or performers). This term does not include the use of the devices mentioned above by a disc jockey, or in conjunction with karaoke, or in connection with dancing by patrons.
(g) Police Chief. The Police Chief of the City of San Mateo or authorized representatives thereof.
(h) Primary Entertainment. The term "primary entertainment" shall mean entertainment provided at an entertainment business where the predominant reason for patronage is to observe and/or participate in the entertainment offered at the business, and admission to the establishment is charged either separately, or as part of a cover charge, or minimum food or beverage purchase requirement.
(i) Private Booth. The term "private booth" shall mean a fully enclosed booth, stall, or partitioned portion of a room designed and offered for use by one individual for entertainment purposes.
(j) Regularly Features. The term "regularly features" with respect to an adult cabaret means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two (2) or more occasions within a thirty (30) day period; three (3) or more occasions within a sixty (60) day period; or four (4) or more occasions within a one-hundred-and-eighty (180) day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.
(k) Security Guard. The term "security guard" shall mean uniformed personnel licensed under the California Department of Consumer Affairs licensing and training requirements.
(l) Secondary Entertainment. The term "secondary entertainment" shall mean entertainment provided at an entertainment business where the observation or participation in the entertainment offered is not the predominant reason for patronage and no admission to the establishment is charged either separately, or in the form of a cover charge, or minimum food or beverage purchase requirement.
(m) Semi-nude. The term "semi-nude" means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.
(n) Specified anatomical areas. The term "specified anatomical areas" shall mean and include any of the following:
(1) Less than completely and opaquely covered human (A) genitals or pubic region; (B) buttocks; and (C) female breast below a point immediately above the top of the areola;
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered;
(3) Any device, costume or covering that simulates any of the body parts included in the subdivisions (1) or (2) above.
(o) Specified sexual activities. The term "specified sexual activities" shall mean and include any of the following, whether performed directly or indirectly through clothing or other covering:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;
(2) Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;
(3) Masturbation, actual or simulated;
(4) Excretory functions as part of or in connection with any of the other activities described in subdivision (1) through (3) of this subsection.
(p) Theater. The term "theater" or other similar establishment is one that is primarily devoted to film or theatrical performances and means a building, playhouse, room, hall or other place having permanently affixed seats so arranged that a body of spectators can have an unobstructed view of the stage upon which theatrical or movies or vaudeville or similar performances are presented and where such performances are not incidental to promoting the sale of food, drink or other merchandise; and for which a city license for a theater is in full force and effect.
5.43.030 PERMIT REQUIRED.
(a) It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the City of San Mateo, the operation of an entertainment business unless the person first obtains and continues to maintain in full force and effect a permit from the City of San Mateo as herein required.
(b) It is unlawful for any person who owns, leases, or is in otherwise lawful possession of property to permit or allow another person to arrange for and provide entertainment on such property, unless the owner, lessee, or person in lawful possession of the property first obtains and continues to maintain in full force and effect a single event entertainment permit as herein required.
5.43.040 EXCEPTIONS.
Notwithstanding any other provision of this chapter, the provisions of this chapter shall not apply to entertainment:
(a) provided at a private party, such as a wedding, where invitations to the event are limited to a discrete group of individuals and at which the general public are not invited to attend; or
(b) entertainment provided at an event sponsored by a governmental agency, a religious organization, or a private non-profit corporation.
ARTICLE 2 APPLICATIONS AND PERMITS
5.43.050 APPLICATION REQUIREMENTS.
(a) Every person who proposes to maintain, operate or conduct an entertainment business in the City of San Mateo shall file an application with the Police Chief upon a form provided by the City of San Mateo and shall pay a filing fee, as established by resolution adopted by the City Council from time to time, which shall not be refundable.
(b) Entertainment permits are nontransferable. Therefore, all applications shall include the following information:
(1) If the applicant is an individual, the individual shall state his or her legal name, including any aliases, address, and submit satisfactory written proof that he or she is at least eighteen (18) years of age.
(2) If the applicant is a partnership, the partners shall state the partnership's complete name, address, the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any.
(3) If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers and directors, the name of the registered corporate agent and the address of the registered office for service of process.
(c) If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a ten (10) percent or greater interest in the business entity shall sign the application.
(d) If the applicant intends to operate the entertainment business under a name other than that of the applicant, the applicant shall file the fictitious name of the entertainment business and show proof of registration of the fictitious name.
(e) The application shall contain a description of the type of entertainment business for which the permit is requested and the proposed address where the entertainment business will operate, plus the names and addresses of the owners and lessors of the entertainment business site.
(f) The application shall include the address to which notice of action on the application is to be mailed.
(g) The application shall include a sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the entertainment business.
(1) If the entertainment business proposes to offer private room entertainment, the sketch or diagram shall demonstrate compliance with the requirements of Section 5.43.150(i). The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches.
(2) If the entertainment business proposes to offer private booth entertainment, the sketch or diagram shall demonstrate compliance with the requirements of Section 5.43.150(k). The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches.
(h) The application shall include a description of the lighting to be provided in the entertainment business and a site plan depicting private parking areas and the lighting of those areas.
(i) The application shall disclose whether the applicant has in the past been issued an entertainment permit by the City of San Mateo, or by any other jurisdiction, and if so, shall disclose the issuing agency, the dates during which the permit was valid. In addition, the applicant shall disclose whether the applicant has ever had an entertainment permit, or similar authorization revoked or voluntarily surrendered because of the violation of permit conditions.
(j) The entertainment authorized by an entertainment permit shall be limited to the type and location of entertainment specified in the permit application. The permittee shall not offer entertainment not described in the permit application, nor shall the permittee alter the physical layout of the entertainment business as described in the application without first submitting a revised application. Revised applications shall be processed in the manner provided in this Article for original entertainment permit applications.
(k) The application shall describe the type of uniforms to be worn by security personnel, if applicable.
5.43.060 INVESTIGATION AND ACTION ON APPLICATION.
(a) Upon receipt of a completed application and payment of the application and permit fees, the Police Chief shall promptly investigate the information contained in the application to determine whether the applicant shall be issued an entertainment permit.
(b) Within fifteen (15) business days of receipt of the completed application, the Police Chief shall complete the investigation, grant or deny the application in accordance with the provisions of this Section, and so notify the applicant as follows:
(1) The Police Chief shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.
(2) If the application is denied, the Police Chief shall attach to the application a statement of the reasons for denial.
(3) If the application is granted, the Police Chief shall attach to the application an entertainment permit.
(4) If the application is granted or denied and the permit, if any, shall be placed in the Unites States mail, first class postage prepaid, addressed to the applicant at the address stated in the application.
(c) The Police Chief shall grant the application and issue the entertainment permit upon findings that the applicant has met all of the development and performance standards and requirements of Article 3 of this chapter, unless the application is denied for one or more of the reasons set forth in Section 5.43.070. The permittee shall post the permit conspicuously in the entertainment business premises.
(d) If the Police Chief grants the application or if the Police Chief neither grants nor denies the application within fifteen (15) business days after it is stamped as received, the applicant may begin operating the entertainment business for which the permit was sought, subject to strict compliance with the development and performance standards and requirements of Article 3 of this chapter. If the applicant begins operating the entertainment business because the Police Chief has not granted or denied the application within fifteen business days, the Police Chief may issue the permit after the fifteen day period has elapsed, and the permit shall be subject to suspension or revocation under the provisions of section 5.43.120.
Each entertainment permit shall expire one (1) year from the date of issuance, and may be renewed only by filing with the Police Chief a written request for renewal, accompanied by the annual permit fee and a copy of the permit to be renewed. The request for renewal shall be made at least thirty (30) days before the expiration date of the permit. When made less than thirty (30) days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on as provided herein for action upon applications for permits.
5.43.070 PERMIT DENIAL.
The Police Chief shall deny the application for any of the following reasons:
(a) The building, structure, equipment, or location used by the business for which an entertainment permit is required do not comply with the requirements and standards of the health, zoning, fire and safety laws of the City and the State of California, or with the development and performance standards and requirements of the regulations contained in this chapter.
(b) The applicant, his or her employee, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for an entertainment permit.
(c) An applicant is under eighteen (18) years of age.
(d) The required application fee has not been paid.
(e) Within the last five years, the applicant, his or her employee, agent, partner, director, officer, shareholder or manager has either had an entertainment permit issued by the City of San Mateo or any other jurisdiction revoked, or has engaged in conduct that would provide grounds for revocation of such a permit under section 5.43.120 of this chapter.
(f) The applicant has failed to provide a complete application. If an application is denied on this basis, the Police Chief shall state the information that is needed to make the application complete.
5.43.080 PERMITS NON-TRANSFERABLE.
(a) A permittee shall not operate an entertainment business under the authority of an entertainment permit at any place other than the address of the entertainment business stated in the application for the permit.
(b) A permittee shall not transfer ownership or control of an entertainment business or transfer an entertainment permit to another person.
(c) Any attempt to transfer a permit either directly or indirectly in violation of this Section is hereby declared void, and the permit shall be deemed revoked.
5.43.090 SINGLE EVENT ENTERTAINMENT PERMIT APPLICATIONS.
(a) Every person who owns, leases, or is otherwise in lawful possession of property and who proposes to permit or allow another person to arrange for and provide entertainment on such property in the City of San Mateo, shall file an application for an entertainment permit under the provisions of 5.43.050 (unless such person has already obtained an entertainment permit) and in addition, shall file an application with the Police Chief for a single event entertainment permit. The applicant for a single event entertainment permit shall pay a filing fee, as established by resolution adopted by the City Council from time to time, which shall not be refundable.
(b) The single event entertainment permit application shall include the following information:
(1) If the person who will arrange and provide entertainment is an individual, the applicant shall state their legal name, including any aliases, address, and submit satisfactory written proof that he or she is at least eighteen (18) years of age.
(2) If the person who will arrange and provide entertainment is a partnership, the applicant shall state the partnership's complete name, address, the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any.
(3) If the person who will arrange and provide entertainment is a corporation, the applicant shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers and directors, the name of the registered corporate agent and the address of the registered office for service of process.
(4) The application shall contain a description of the type of entertainment for which the permit is requested and the proposed address where the entertainment will be provided, plus the names and addresses of the owners and lessors of the property.
(5) The application shall include the address to which notice of action on the application is to be mailed.
(6) The application shall disclose whether the person who will arrange and provide entertainment has in the past been issued an entertainment permit by the City of San Mateo, or by any other jurisdiction, and if so, shall disclose the issuing agency, the dates during which the permit was valid. In addition, the applicant shall disclose whether the person who will arrange and provide entertainment has ever had an entertainment permit, or similar authorization revoked or voluntarily surrendered because of the violation of permit conditions.
(c) The entertainment authorized by a single event entertainment permit shall be limited to the type and location of entertainment specified in the permit application. The permittee shall not permit or allow entertainment not described in the permit application to be provided.
5.43.100 INVESTIGATION AND ACTION ON SINGLE EVENT PERMIT APPLICATIONS.
(a) Upon receipt of a completed application and payment of the application and permit fees, the Police Chief shall promptly investigate the information contained in the application to determine whether the applicant shall be issued a single event entertainment permit.
(b) Within fifteen (15) business days of receipt of the completed application, the Police Chief shall complete the investigation, grant or deny the application in accordance with the provisions of this Section, and so notify the applicant as follows:
(1) The Police Chief shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.
(2) If the application is denied, the Police Chief shall attach to the application a statement of the reasons for denial.
(3) If the application is granted, the Police Chief shall attach to the application an entertainment permit.
(4) If the application is granted or denied and the permit, if any, shall be placed in the Unites States mail, first class postage prepaid, addressed to the applicant at the address stated in the application.
(c) The Police Chief shall grant the application and issue the single event entertainment permit upon findings that the applicant has obtained an entertainment permit and met all of the development and performance standards and requirements of Article 3 of this chapter, unless the application is denied for one or more of the reasons set forth in Section 5.43.070. The permittee shall post the permit conspicuously in the entertainment business premises on the date of the single event.
(d) If the Police Chief grants the application or if the Police Chief neither grants nor denies the application within fifteen (15) business days after it is stamped as received, the applicant may conduct the single event for which the permit was sought, subject to strict compliance with the development and performance standards and requirements of Article 3 of this chapter.
5.43.110 SINGLE EVENT ENTERTAINMENT PERMIT DENIAL.
The Police Chief shall deny the application for any of the following reasons:
(a) The applicant has not obtained an entertainment permit.
(b) The building, structure, equipment, or location proposed for the single event does not comply with the requirements and standards of the health, zoning, fire and safety laws of the City and the State of California, or with the development and performance standards and requirements of the regulations contained in this chapter.
(c) The applicant, or person who shall arrange and provide entertainment, their employees, agents, partners, directors, officers, shareholders or managers have knowingly made any false, misleading or fraudulent statement of material fact in the application for a single event entertainment permit.
(d) An applicant, or person who shall arrange and provide entertainment, is under eighteen (18) years of age.
(e) The required application fee has not been paid.
(f) Within the last five years, the applicant, or person who shall arrange and provide entertainment, their employees, agents, partners, directors, officers, shareholders or managers have either had an entertainment permit issued by the City of San Mateo or any other jurisdiction revoked, or have engaged in conduct that would provide grounds for revocation of such a permit under section 5.43.120 of this chapter.
(g) The applicant has failed to provide a complete application. If an application is denied on this basis, the Police Chief shall state the information that is needed to make the application complete.
5.43.120 SUSPENSION OR REVOCATION OF ENTERTAINMENT REGULATORY PERMITS AND SINGLE EVENT ENTERTAINMENT PERMITS.
An entertainment permit or single event entertainment permit may be suspended or revoked in accordance with the procedures and standards of this Section.
(a) On determining that grounds for permit revocation exist, the Police Chief shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing and the ground or grounds upon which the hearing is based, the pertinent code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be delivered to the permittee personally, at least ten (10) days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the Police Chief, but at a minimum shall include the following:
(1) All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this Section may be continued for a reasonable time for the convenience of a party or a witness. The Police Chief's decision may be appealed in accordance with Section 5.43.140.
(b) A permittee may be subject to suspension or revocation of their permit, or be subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the permittee, or an employee, agent, partner, director, stockholder, or manager of an entertainment business:
(1) The permittee has knowingly made any false, misleading or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the City.
(2) The permittee, employee, agent, partner, director, stockholder, or manager of an entertainment business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the entertainment business, or in the case of a Single Event Entertainment Permit, the permittee, employee, agent, partner, director, stockholder, or manager has knowingly allowed or permitted and has failed to make a reasonable effort to prevent the occurrence of any of the following at the single entertainment event:
(A) Any conduct prohibited by this chapter; or
(B) An unruly gathering as that term is defined in Chapter 7.22 of this Code.
(3) Failure to abide by a disciplinary action previously imposed by an appropriate City official.
(4) Failure to comply with all applicable state and local law in the operation of the entertainment business.
(c) If the entertainment business for which the Permit has been issued is an adult cabaret, a permittee may be subject to suspension or revocation of his or her permit, or be subject to other appropriate disciplinary action, if the permittee, employee, agent, partner, director, stockholder, or manager of an entertainment business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the entertainment business:
(A) Any act of unlawful sexual intercourse, sodomy, oral copulation or masturbation.
(B) Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur.
(C) Any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code.
(D) The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316 or 318, or Subdivision b of Section 647 of the California Penal Code.
(d) After holding the hearing in accordance with the provisions of this Section, if the Police Chief finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the Police Chief shall impose one of the following:
(1) A warning;
(2) Suspension of the permit for a specified period not to exceed six months;
(3) Revocation of the permit.
5.43.130 EMERGENCY SUSPENSION OF PERMIT.
The Police Chief may suspend an entertainment permit pending a hearing on the suspension or revocation of the permit if the Police Chief finds that there is an impending and significant threat to the public health or safety arising out of the use of the entertainment permit. No emergency suspension shall remain in effect for more than 15 calendar days, unless the permittee agrees to a longer term.
5.43.140 APPEALS.
An applicant who wishes to appeal the decision of the Police Chief regarding an application or an action to suspend or revoke a Permit may do so under the following hearing procedures:
(a) An appeal of the Police Chief's decision on a permit application or from the Police Chief's decision after a permit revocation or suspension hearing, may be made by filing a written request for appeal with the City Clerk's office within ten (10) calendar days of the date the decision was mailed. If no appeal is filed within this time period, then the decision of the Police Chief shall become final and the applicant shall be deemed to have waived all rights to appeal or other review. All requests for appeal shall include a statement of the basis for the appeal and the errors claimed to have occurred.
(b) The City Manager or their designee shall schedule a hearing on the appeal for not less than ten (10) calendar days or greater than twenty (20) calendar days from the date of mailing notice to the applicant of the time and place of the appeal hearing. The notice of hearing shall be sent by first class mail to the applicant within ten (10) days of filing a timely notice of appeal.
(c) The City Manager or their designee shall review the written record and allow testimony to be given. The City Manager or designee shall also allow oral argument. After all verbal testimony has been reviewed, 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, subject only to applicable court review.
(d) If the Police Chief's decision is affirmed on appeal, the applicant or permittee may seek prompt judicial review of such administrative action pursuant to California Code of Civil Procedure Section 1094.5 or 1094.8 (if that Section is applicable). The City shall make all reasonable efforts to expedite judicial review, if sought by the permittee.
ARTICLE 3 PERFORMANCE STANDARDS
5.43.150 PERFORMANCE STANDARDS FOR ALL ENTERTAINMENT BUSINESSES.
The following performance standards shall apply to all entertainment businesses and shall be deemed conditions of all entertainment permits, and failure to comply with every such requirement shall be grounds for revocation of the permit issued pursuant to this chapter;
(a) Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the Fire Department and building regulations and standards adopted by the City of San Mateo.
(b) The premises within which the entertainment business is located shall provide sufficient sound-absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building and comply with all applicable city noise regulations.
(c) No entertainment shall be permitted in any establishment between the hours of 1:30 a.m. and 10:00 a.m.
(d) The business premises offering entertainment shall be suitably lighted with minimum lighting therein of six-candle power at floor level, except during performances on stages.
(e) All patrons must be out of the building by 2:00 a.m.
(f) Security personnel shall be visible at the primary entrance at closing of the entertainment business and shall remain until patrons are dispersed. Security shall not permit crowds and/or patrons to loiter in the front of or in the immediate vicinity of the entertainment business after closing.
(g) The permittee shall arrange for litter removal from the store front and public sidewalks adjacent to the store front after every closing.
(h) Businesses with entertainment business permits requiring a multi-agency response or riotous situation response or meeting the definition of an "unruly gathering" as specified in Chapter 7.22 may be charged for police services as provided for in Chapter 7.22.
(i) Private Rooms. No entertainment shall be offered, permitted, or allowed to take place within a private room the interior of which is not fully visible by a person standing in at least one place within 10 feet of the primary entrance to the premise in which the entertainment is offered, unless all of the following conditions are met:
(1) Visibility into the private room is provided through the installation in the wall separating the room from a corridor accessible to patrons or the main room of the premises of a 12 square foot window measuring 4 feet in width by 3 feet in height, the lower edge of which shall be installed at a point 4 feet above the floor.
(2) In rooms constructed under valid building permits and existing on the effective date of the ordinance adding this provision, if there is insufficient wall surface separating the private room from the main room or a corridor accessible to patrons to allow installation of a window as provided in subsection 5.43.150 (i)(1), then visibility shall be provide through the installation of a 6 square foot window measuring 2 feet in width by 3 feet in height, the lower edge of which shall be installed at a point 4 feet above the floor.
(3) The window required by subsection 5.43.150 (i)(1) or 5.43.150 (i)(2) shall remain completely clear and unobstructed at all times.
(4) The dimensions of the windows required by subsection 5.43.150 (i)(1) or 5.43.150 (i)(2) are the minimum required, but may be larger.
(5) The private room shall be lit to the point that allows a person on the outside of the room to observe the activity of those in the room at all times the room is occupied.
(6) Doors providing access to private rooms shall not be equipped with locks of any kind.
(7) No private room shall be configured so that the installation of the windows required by subsection 5.43.150 (i)(1) or 5.43.150 (i)(2) will not provide substantially complete visibility into the private room to a person standing outside the room.
(8) Those establishments offering entertainment in private rooms as of the effective date of the ordinance originally adding this requirement shall be modified to comply with the terms of this subsection within 180 days of the effective date of that ordinance.
(j) Security.
(1) Primary Entertainment Use.
(A) For occupancy levels below 100 persons, the permittee shall provide a minimum of two security guards. One security guard will be a front door person responsible for monitoring occupancy and admittance and maintaining a count of persons admitted. The second will monitor exterior areas and will float throughout the interior area to provide a safe environment. When occupancy exceeds 100 persons the permittee shall provide additional guards to adequately control the environment at a ratio of one guard per additional 50 people (or any fraction thereof). The permittee is responsible for providing a safe environment. The security requirements mentioned above are minimum mandatory requirements. The permittee should provide security based on all the circumstances surrounding the entertainment provided.
(B) Management shall designate a front door security presence when open for entertainment. Front door security will check identification to verify age requirements. Management shall educate this person in admission policy and maximum occupancy limit. Further, management shall provide this person with a means to monitor occupancy, screen for weapons, and direct security to prohibit further entry when maximum occupancy is reached. When maximum occupancy exists, management shall advise the remaining people in line that the club has reached its maximum number of occupants and that there will not be any further admittance.
(C) Management is responsible for maintaining an outdoor security presence when a crowd is waiting to gain access to the building. They shall have 1 dedicated security guard, in addition 1 checking IDs at the door, which will be responsible for providing an organized method of maintaining a line that will not block public sidewalks, driveways, or surrounding business doorways. Management shall have the designated outside line security maintain an orderly single file line. Stanchions, ending just prior to the neighboring business, will control the line. Once the line reaches maximum occupancy, the designated security shall advise all remaining patrons that the line is full. He or she must advise remaining patrons that they are to exit the area in an orderly fashion.
(D) Security guards shall wear uniforms and be readily identifiable as private security personnel.
(2) Secondary Entertainment Use
(A) The permittee shall provide a minimum of two persons to monitor occupancy and admittance and exterior, interior and parking areas associated with the use. An additional licensed security guard shall be required when occupancy exceeds 100.
(B) Security personnel shall be readily identifiable as either private security or management personnel.
(3) Arcades. The security standards described in subsections (1) and (2) shall not apply to amusement arcades. The security requirements for amusement arcades are established in Section 5.43.160.
(k) Private Booths. No entertainment shall be offered, permitted, or allowed to take place within a private booth, unless all of the following conditions are met;
(1) Visibility into the private booth is provided through the installation in the door to the booth of a window measuring 1 foot in width by 1.5 feet in height, at a point allowing a person standing outside the door to observe the activities of the person occupying the booth.
(2) The window required by subsection 5.43.150(k)(1) shall remain completely clear and unobstructed at all times.
(3) The dimensions of the window required by subsection 5.43.150(k)(1) is the minimum required, but may be larger.
(4) The private booth shall be lit to the point that allows a person on the outside of the booth to observe the activity of those in the booth at all times the booth is occupied.
(5) Doors providing access to private booths shall not be equipped with locks of any kind.
(6) No private booth shall be configured so that the installation of the windows required by subsection 5.43.150(k)(1) will not provide substantially complete visibility into the private booth to a person standing outside the booth.
(7) Those establishments offering entertainment in private booths as of the effective date of the ordinance originally adding this requirement shall be modified to comply with the terms of this subsection within 60 days of the effective date of that ordinance.
(l) Permit holders shall immediately notify the San Mateo Police Department whenever they become aware of facts indicating their entertainment business may become the site of any criminal activity.
5.43.160 PERFORMANCE STANDARDS FOR AMUSEMENT ARCADES.
The following additional requirements shall apply to entertainment businesses providing amusement arcade entertainment; and shall be deemed conditions of the entertainment permit, and failure to comply with every such requirement shall be grounds for revocation of the permit issued pursuant to this chapter.
(a) All amusement devices within the premises shall be visible to and supervised by an identifiable adult attendant who shall be present at all times when any amusement device is being operated. Such attendant shall be provided with a jacket, vest, or other clothing that clearly identifies such person as an employee of said arcade.
(b) The supervision of the patrons on the premises shall be adequate to insure that there is no conduct that unreasonably interferes with the use of surrounding properties.
(c) No one under 18 years of age shall be allowed to play the amusement devices between the hours of 7:00 a.m. and 3:00 p.m. during the academic year of any San Mateo school district; holidays, Saturdays and Sundays excluded. No one under 18 years of age may loiter inside or outside the premises or play amusement devices between 10:00 p.m. and 6:00 a.m. the following morning, Sunday through Thursday, and between 12:00 a.m. and 6:00 a.m., Saturdays and Sundays.
(d) Each arcade maintaining 26 amusement devices or more shall provide a minimum of one security guard in addition to the adult attendant from 3:00 p.m. until after closing time during weekdays and at all times during the hours of operation on weekends and holidays. The identity of the security person(s) shall be provided to the Chief of Police on forms provided by the San Mateo Police Department. If there are an unusual amount of police service calls to an amusement arcade with fewer than 26 amusement devices, the Chief of Police may require that the adult attendant required by this section be replaced by a security guard.
(e) Outside security lighting shall be provided under the direction of and subject to the approval of the San Mateo Police Department.
(f) Adequate parking and bicycle racks shall be provided pursuant to the off-street parking code for retail uses contained in Title 27 of the Code. A minimum of one bicycle facility for each sixteen amusement machines or fraction thereof shall be provided.
(g) Public restroom facilities shall be provided.
(h) A minimum of ten-foot candle illumination generally distributed must be contained in all parts of the premises at all times when the arcade is open and when the public is permitted to enter or remain therein.
(i) No amusement device shall be situated in such a way that its use will violate any applicable fire regulation or hinder the reasonable egress from and ingress to the premises of the public. A fully dimensioned floor plan indicating the location of each machine and the aisle width for ingress shall be clearly labeled.
(j) The business entrance must be unlocked during all times that the premise is open for use of arcade games.
(k) Video surveillance cameras shall be installed in the arcade areas to continually record patron activities to VHS tape during the establishment's hours of operation. Recorded tapes shall be maintained for a period of at least 96 hours. The recorded tapes shall be made available to police personnel upon written request.
(l) No alcoholic beverages are allowed in areas operated as amusement arcades.
(m) If a token change machine or coin change machine is installed, it shall be protected by an alarm system.
(n) The applicant shall restrict access into and out of the facility through the front door(s) only. The rear door shall be equipped with an audible alarm that will sound whenever the door is opened. The door shall be sign posted to indicate the alarm condition.
(o) Any pay telephone installed inside the premises or any pay telephone immediately adjacent to the front of the business shall be restricted from receiving incoming calls.
(p) No gambling shall be permitted in areas operated as amusement arcades.
(q) The permittee shall maintain and keep its amusement devices in good working order and condition.
5.43.170 PERFORMANCE STANDARDS FOR ADULT CABARETS.
The following additional requirements shall apply to adult cabarets and the failure to comply with every such requirement shall be grounds for revocation of the permit issued pursuant to this chapter:
(a) The building entrance to an adult cabaret shall be clearly and legibly posted with a notice indicating that persons under eighteen (18) years of age are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the Community Development Director or designee. No person under the age of eighteen (18) years shall be permitted within the premises at any time.
(b) No person shall perform live entertainment for patrons of an adult cabaret except upon a stage at least eighteen (18) inches above the level of the floor which is separated by a distance of at least ten (10) feet from the nearest area occupied by patrons, and no patron shall be permitted within ten (10) feet of the stage while the stage is occupied by an entertainer. "Entertainer' shall mean any person who is an employee or independent contractor of the adult cabaret, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an adult cabaret.
(c) The adult cabaret shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use.
(d) No entertainer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during, or after performances by such entertainer. This subsection shall only apply to physical contact on the premises of the adult cabaret.
(e) Fixed rail(s) at least thirty (30) inches in height shall be maintained establishing the separations between entertainers and patrons required by this subsection.
(f) No patron shall directly pay or give any gratuity to any entertainer and no entertainer shall solicit any pay or gratuity from any patron.
(g) No owner or other person with managerial control over an adult cabaret shall permit any person on the premises of the adult cabaret to engage in a live showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque coverage, and/or the female breast with less than a fully opaque coverage over any part of the nipple or areola and/or covered male genitals in a discernibly turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical part required to be covered.
(h) No performance shall be staged within an adult cabaret so as to be visible from the exterior of the premises through any window or other aperture, including any door, whether open or closed.
5.43.180 PERFORMANCE STANDARDS FOR ENTERTAINMENT BUSINESSES WHERE ALCOHOLIC BEVERAGES ARE SERVED.
The following additional requirements shall apply to any entertainment business where alcoholic beverages are served anywhere on site, and failure to comply with every such requirement shall be grounds for revocation of the permit issued pursuant to this chapter:
(a) The applicant's management staff and employees are encouraged to attend the first available San Mateo sponsored LEAD (Licensed Education on Alcohol and Drugs) seminar on responsible beverage service.
(b) A sign indicating there is an age restriction of 21 years and older shall be posted at all entrances to bar areas where entertainment is offered. This sign must be readily visible to patrons.
(c) If an A.B.C. type 47 on-sale general eating place permit has been issued to the permittee, persons under the age of 21 years shall not be allowed in areas where meals are not served.
(d) The permittee shall comply with all conditions and restrictions imposed upon the A.B.C. license and all applicable A.B.C. regulations.
ARTICLE 4 MISCELLANEOUS PROVISIONS
5.43.190 DISPLAY OF PERMIT.
Every entertainment business shall display at all times during business hours the permit issued pursuant to the provisions of this chapter for such Entertainment Business in a conspicuous place so that the same may be readily seen by all persons entering the entertainment business.
5.43.200 INSPECTIONS.
An applicant or permittee shall permit representatives of the Police Department, Health Department, Fire Department, Planning Division, or other City departments or Agencies to inspect the premises of an entertainment business for the purpose of insuring compliance with the law and the development and performance standards applicable to entertainment businesses, at any time it is occupied or opened for business. A person who operates an entertainment business or his or her agent or employee is in violation of the provisions of this section if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.
5.43.210 COMPLIANCE WITH OTHER LAWS.
The provisions of this article regulating entertainment businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other provisions of the San Mateo Municipal Code applicable to the entertainment activity or the business within which the activity is conducted.
5.43.220 INTERPRETATION OF CHAPTER.
If ambiguity arises concerning the content or application of this chapter, it shall be the duty of the Chief of Police to establish all pertinent facts and to interpret its provisions.
5.43.230 PUBLIC NUISANCE.
Any entertainment business operated, conducted, or maintained in violation of the requirements of this chapter is declared to be a public nuisance, and in addition to any other remedy provided by this law may be abated through the initiation of a civil enforcement action brought by the City Attorney.
5.43.240 SEVERABILITY.
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.
Chapter 5.44 MASSAGE
Editor's Notes
Prior ordinance history: Ord. Nos. 2009-12, 1995-9, 1994-13, 1994-10, 1994-5, 1993-14, 1991-5, 1984-5, 1973-3.
5.44.010 PURPOSE AND INTENT.
(a) In enacting this chapter, the City Council recognizes that commercial massage therapy is a professional pursuit which can offer the public valuable health and therapeutic services. The City Council further recognizes that, unless properly regulated, the practice of massage therapy and the operation of massage businesses may be associated with unlawful activity and pose a threat to the quality of life in the local community. Accordingly, it is the purpose and intent of this chapter to protect the public health, safety, and welfare by providing for the orderly regulation of businesses providing massage therapy services, discouraging prostitution and related illegal activities carried on under the guise of massage therapy, and establishing certain sanitation, health, and operational standards for massage businesses.
(b) Furthermore, it is the purpose and intent of this chapter to address the negative impacts identified in the City Council's findings to reduce or prevent neighborhood blight and to protect and preserve the quality of City neighborhoods and commercial districts; and to enhance enforcement of criminal statutes relating to the conduct of operators and employees of massage businesses.
(c) It is the Council's further purpose and intent to rely upon the uniform statewide regulations applicable to massage practitioners and establishments that were enacted by the State Legislature in 2008 as Business and Professions CodeSections 4600 et seq. by Senate Bill 731, and amended in 2011 by Assembly Bill 619 and in 2014 by Assembly Bill 1147, to restrict the commercial practice of massage in the City to those persons duly certified to practice by the California Massage Therapy Council and to provide for the registration and regulation of massage businesses for health and safety purposes to the extent allowed by law.
5.44.020 DEFINITIONS.
For the purposes of this chapter, unless the particular provision or the context otherwise clearly requires, the definitions in this section shall govern the construction, meaning, and application of words and phrases used in this chapter.
(a) "Business" includes, but not by way of limitation, everything about which a person can be employed, and means that which occupies the time, attention, and labor of men and women for the purpose of producing a livelihood or profit, and connotes the efforts of men and women by varied and diverse methods of dealing with each other, to improve their individual economic conditions, and for the purposes of this chapter shall include, without limitation, the advertising and soliciting of massages. The term "business" includes, but is not limited to, a massage practitioner who is the sole owner, operator and employee of a massage business operating as a sole proprietorship, as well as a massage establishment which employs massage practitioners and therapists.
(b) "California Massage Therapy Council" or "CAMTC" means the massage therapy organization formed pursuant to Business and Professions Code Section 4600.5.
(c) "Certified massage practitioner" means any individual certified by the California Massage Therapy Council as a certified massage therapist or as a certified massage practitioner pursuant to California Business and Professions CodeSections 4600 et seq.
(d) "Client" means the customer or patron who pays for or receives massage services.
(e) "Compensation" means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.
(f) "City Manager" means the City Manager of the City of San Mateo, and his or her authorized representatives or designees.
(g) "City registration certificate" means a registration certificate issued by the Chief of Police upon submission of satisfactory evidence that a massage business employs or uses only certified massage practitioners pursuant to this chapter.
(h) "Chief of Police" means the Chief of Police of the City of San Mateo, and his or her authorized representatives or designees.
(i) "Employee" means any person employed by a massage business who may render any service to the business, and who receives any form of compensation from the business.
(j) "Health Officer" means the person appointed by the City of San Mateo pursuant to the California Health and Safety Code or his or her authorized representatives or designees.
(k) "Massage" or "massage therapy," means and refers to any method of treating the external parts of the body for remedial, health, or hygienic purposes for any form of compensation by means of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances; or with or without supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice; or by baths, including but not limited to Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath.
(l) "Massage business" means any business that offers massage therapy in exchange for compensation, whether at a fixed place of business or at a location designated by the customer or client through outcall massage services. Any business that offers any combination of massage therapy and bath facilities—including, but not limited to, showers, baths, wet and dry heat rooms, pools and hot tubs—shall be deemed a massage business under this chapter. The term "massage business" includes a certified massage practitioner who is the sole owner, operator and employee of a massage business operating as a sole proprietorship.
(m) "Operator" or "massage business operator" means any and all owners of a massage business.
(n) "Outcall massage" means the engaging in or carrying on of massage therapy for compensation in a location other than the business operations address set forth in the massage business's City registration certificate.
(o) "Owner" or "massage business owner" means any of the following persons:
(1) Any person who is a general partner of a general or limited partnership that owns a massage business.
(2) Any person who has five percent or greater ownership interest in a corporation that owns a massage business.
(3) Any person who is a member of a limited liability company that owns a massage business.
(4) Any person who has a five percent or greater ownership interest in any other type of business association that owns a massage business.
(p) "Person" means any individual, firm, association, partnership, corporation, joint venture, limited liability company, or combination of individuals.
(q) "Practitioner" or "massage practitioner" shall be used interchangeably and mean any person who administers massage to another person, for any form of consideration (whether for the massage, as part of other services or a product, or otherwise).
(r) "Reception and waiting area" means an area immediately inside the front door of the massage business dedicated to the reception and waiting of patrons of the massage business and visitors, and which is not a massage therapy room or otherwise used for the provision of massage therapy services.
(s) "Registration" means the registration required by this chapter to operate a massage business.
(t) "School of massage" means any school or institution of learning that is recognized as an approved school pursuant to Business and Professions Code Division 2, Chapter 10.5, as currently drafted or as may be amended.
(u) "Police Chief" means the Police Chief of the City of San Mateo and his or her authorized representatives or designees.
(v) "Sole proprietorship" means and includes any legal form of business organization where the business owner (sometimes referred to as the "sole proprietor") is the only person employed by that business to provide massage services.
(w) "Solicit" means to request, ask, demand or otherwise arrange for the provision of services.
5.44.030 CAMTC CERTIFICATION AND LOCAL REGISTRATION REQUIRED.
(a) Individuals. It shall be unlawful for any individual to practice massage therapy for compensation as a sole proprietorship or employee of a massage business or in any other capacity with the City of San Mateo unless that individual is a certified massage practitioner.
(b) Businesses. It shall be unlawful for any business to provide massage for compensation within the City of San Mateo unless all individuals employed by the massage business to perform massage, whether as an employee, independent contractor, or sole proprietorship, are certified massage practitioners and said business has obtained a valid City registration certificate as provided in this chapter.
5.44.040 MASSAGE BUSINESS REGISTRATION.
(a) Application. The registration application for a City registration certificate shall include all of the following:
(1) Legal name of the massage business.
(2) Address and telephone number of the massage business.
(3) Legal names of all owners of the massage business.
(4) A list of all of the massage business's employees and independent contractors who are performing massage and their CAMTC certification.
(5) Residence address and telephone number of all owners of the massage business.
(6) Business address and telephone number of all owners of the massage business.
(7) The form of business under which the massage business will be operating (i.e. corporation, general or limited partnership, limited liability company, or other form).
(8) Each owner operator of the massage business who is not a CAMTC-certified massage practitioner shall submit an application for a background check, including the following: the individual's business, occupation, and employment history for the five years preceding the date of the application; the inclusive dates of such employment history; the name and address of any massage business or similar business owned or operated by the individual whether inside or outside the County of San Mateo and its incorporated cities.
(9) For all owners, a valid and current driver's license and/or identification issued by a state or federal governmental agency or other photographic identification bearing a bona fide seal by a foreign government.
(10) For all owners, a signed statement that all of the information contained in the application is true and correct; that all owners shall be responsible for the conduct of the business's employees or independent contractors providing massage services; and acknowledging that failure to comply with the California Business and Professions CodeSections 4600 et seq., and local, state, or federal law, or the provisions of this chapter may result in revocation of the business's City registration certificate.
(b) Issuance. Upon provision by the massage business of the foregoing documentation, the Chief of Police shall issue the massage business a City registration certificate, which shall be valid for two years from the date of issuance. No reapplication will be accepted within one year after an application or renewal is denied or a certificate is revoked. City registration certificates shall not be issued to a massage business seeking to operate at a particular location if:
(1) Another massage business is or was operating at that particular location and that massage business is currently serving a suspension or revocation pursuant to Section 5.44.110, during the pendency of the suspension or one year following revocation;
(2) Another massage business is or was operating at that particular location and that massage business has received a notice of suspension, revocation, or fine issued pursuant to Sections 5.44.100 and 5.44.110, during the 10-day period following receipt of the notice or while any appeal of a suspension, revocation or fine is pending.
(3) Another massage business is or was operating at that particular location and that massage business has outstanding fines issued pursuant to Section 5.44.100 that have not been paid.
(c) Amendment. A massage business shall apply to the City to amend its City registration certificate within 30 days after any change in the registration information, including, but not limited to, the hiring or termination of certified massage practitioners, the change of the business's address, or changes in the owner's addresses and/or telephone numbers.
(d) Renewal. A massage business shall apply to the City to renew its City registration certificate at least 30 days prior to the expiration of said City registration certificate. If an application for renewal of a City registration certificate and all required information is not timely received and the certificate expires, no right or privilege to provide massage shall exist.
(e) Fees. There shall be no fee for the registration application or certificate, or any amendment or renewal thereof. The provisions of this section shall not prevent the City from establishing fees for safety inspections as may be conducted from time to time by the Chief of Police, and for the background checks, fingerprinting, and subsequent arrest notification for owners of a massage business who are not CAMTC-certified and who are subject to such background checks pursuant to this chapter. There are certain fees for appeals as described below.
(f) Transfer. A City registration certificate shall not be transferred except with the prior written approval of the Chief of Police. A written request for such transfer shall contain the same information for the new ownership as is required for applications for registration pursuant to this section. In the event of denial, notification of the denial and reasons therefor shall be provided in writing and shall be provided to the applicant by personal delivery or by registered or certified mail. A City registration certificate may not be transferred during any period of suspension or one year following revocation pursuant to Section 5.44.110, during the 10-day period following a massage business's receipt of a notice of suspension, revocation or fine issued pursuant to Sections 5.44.100 and 5.44.110 or while any appeal of a suspension, revocation or fine is pending. Further, a City registration certificate may not be transferred until all outstanding fines issued pursuant to Section 5.44.100 have been paid.
5.44.050 OPERATING REQUIREMENTS.
No person shall engage in, conduct, carry on, or permit any massage within the City of San Mateo unless all of the following requirements are met:
(a) CAMTC certification shall be worn by and clearly visible on the massage practitioner's person during working hours and at all times when the massage practitioner is inside a massage business or providing outcall massage.
(b) Massage shall be provided or given only between the hours of 7:00 a.m. and 9:00 p.m. No massage business shall be open and no massage shall be provided between 9:00 p.m. and 7:00 a.m. A massage commenced prior to 9:00 p.m. shall nevertheless terminate at 9:00 p.m., and, in the case of a massage business, all clients shall exit the premises at that time. It is the obligation of the massage business to inform clients of the requirement that services must cease at 9:00 p.m.
(c) A list of the services available and the cost of such services shall be posted in the reception area within the massage premises, and shall be described in readily understandable language. Outcall service providers shall provide such a list to clients in advance of performing any service. No owner, manager, operator, or responsible managing employee shall permit, and no massage practitioner shall offer or perform, any service other than those posted or listed as required herein, nor shall an operator or a massage practitioner request or charge a fee for any service other than those on the list of services available and posted in the reception area or provided to the client in advance of any outcall services.
(d) A copy of the CAMTC certificate of each and every massage practitioner employed in the business shall be displayed in the reception area or similar open public place on the premises. CAMTC certificates of former employees and/or contractors shall be removed as soon as those massage practitioners are no longer employed by or offering services through the massage business.
(e) For each massage service provided, every massage business shall keep a complete and legible written record of the following information: the date and hour that service was provided; the service received; the name or initials of the employee entering the information; and the name of the massage practitioner administering the service. Such records shall be open to inspection and copying by police officers, or used by any massage practitioner or operator for any purpose other than as records of service provided and may not be provided to other parties by the massage practitioner or operator unless otherwise required by law. Such records shall be retained on the premises of the massage business for a period of two years and be immediately available for inspection during business hours.
(f) Massage businesses 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 client, unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one client. Soiled linens and paper towels shall be deposited in separate, approved receptacles.
(g) Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bath rooms, tanning booths, whirlpool baths and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant approved by the Health Officer. Bathtubs shall be thoroughly cleaned after each use with a disinfectant approved by the Health Officer. All walls, ceilings, floors, and other physical facilities for the business must be in good repair, and maintained in a clean and sanitary condition.
(h) Instruments utilized in performing massage shall not be used on more than one client unless they have been sterilized, using approved sterilization methods.
(i) All massage business operators and their employees, including massage practitioners, shall wear clean, non-transparent outer garments. Said garments shall not expose their genitals, pubic areas, buttocks, or chest, and shall not be worn in such manner as to expose the genitals, pubic areas, buttocks, or chest. For the purposes of this section, outer garments means a garment worn over other garments ad does not include garments like underwear, bras, lingerie or swimsuits.
(j) No person shall enter, be, or remain in any part of a massage business while in possession of an open container of alcohol, or consuming or using any alcoholic beverage or drugs except pursuant to a prescription for such drugs. The owner, operator, responsible managing employee, or manager shall not permit any such person to enter or remain upon such premises.
(k) No massage business shall operate as a school of massage, or use the same facilities as that of a school of massage.
(l) No massage business 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 clients that any service is available other than those services listed as an available service pursuant to Section 5.44.050(c), nor shall any massage business employ language in the text of such advertising that would reasonably suggest to a prospective client that any service is available other than those services as described in compliance with the provisions of this chapter.
(m) No massage shall be given unless the client's genitals are, at all times, fully covered. A massage practitioner shall not, in the course of administering any massage, make physical contact with the genitals or private parts of any other person regardless whether the contact is over or under the person's clothing.
(n) Where the business has staff available to assure security for clients and massage staff are behind closed doors, the entry to the reception area of the massage business shall remain unlocked during business hours when the business is open for business or when clients are present.
(o) No massage business located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall, during business hours, block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises. For the purpose of this subsection, there is an irrebuttable presumption that the visibility is impermissibly blocked if more than 10 percent of the interior reception and waiting area is not visible from the exterior window.
(p) All signs shall be in conformance with the current ordinances of the City of San Mateo.
(q) Minimum lighting consisting of at least one artificial light of not less than 450 lumens shall be provided and shall be operating in each room or enclosure where massage services are being performed on clients, and in all areas where clients are present.
(r) Ventilation shall be provided in accordance with applicable building codes and regulations.
(s) Hot and cold running water shall be provided at all times.
(t) Adequate dressing, locker and toilet facilities shall be provided for clients.
(u) A minimum of one wash basin for employees shall be provided at all times. The basin shall be located within or as close as practicable to the area devoted to performing of massage services. Sanitary towels shall also be provided at each basin.
(v) All massage businesses shall comply with all state and federal laws and regulations for handicapped clients.
(w) A massage practitioner shall operate only under the name specified in his or her CAMTC certificate. A massage business shall operate only under the name specified in its City registration certificate.
(x) No massage business shall allow any person to reside within the massage business or in attached structures owned, leased or controlled by the massage business.
(y) Other than custodial or maintenance staff, no persons shall be permitted within the premises of a massage business between the hours of 11:00 p.m. and 6:00 a.m.
5.44.060 INSPECTION BY OFFICIALS.
The investigating and enforcing officials of the City of San Mateo, including, but not limited to, the police, Health Officer and Director of Building and Planning, 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 statutes, and with the provisions of this chapter. The massage business may be charged a fee for any safety inspections.
5.44.070 NOTIFICATIONS.
(a) A massage business shall notify the Chief of Police of any changes described in Section 5.44.040 pursuant to the timelines specified therein.
(b) A registrant shall report to Chief of Police any of the following within 96 hours of the occurrence:
(1) Arrests of any employees or owners of the registrant's massage business for an offense other than a misdemeanor traffic offense;
(2) Resignations, terminations, or transfers of practitioners employed by the registrant's massage business;
(3) Any event involving the registrant's massage business or the massage practitioners employed therein that constitutes a violation of this chapter or state or federal law.
(c) This provision requires reporting to the Chief of Police even if the massage business believes that the Chief of Police has or will receive the information from another source.
5.44.080 EXEMPTIONS.
The provisions of this chapter shall not apply to the following classes of individuals or businesses while engaged in the performance of their duties:
(a) Physicians, surgeons, chiropractors, osteopaths, nurses or any physical therapists who are duly licensed to practice their respective professions in the State of California and persons working directly under the supervision of or at the direction of such licensed persons, working at the same location as the licensed person, and administering massage services subject to review or oversight by the licensed person.
(b) Barbers and cosmetologists who are duly licensed under the laws of the State of California while engaging in practices within the scope of their licenses, except that this provision shall apply solely to the massaging of the neck, face and/or scalp, hands or feet of the clients.
(c) Hospitals, nursing homes, mental health facilities, or any other health facilities duly licensed by the State of California, and employees of these licensed institutions, while acting within the scope of their employment.
(d) Accredited high schools, junior colleges, and colleges or universities whose coaches and trainers are acting within the scope of their employment.
(e) Trainers of amateur, semi-professional or professional athletes or athletic teams while engaging in their training responsibilities for and with athletes; and trainers working in conjunction with a specific athletic event.
(f) Individuals administering massages or health treatment involving massage to persons participating in single-occurrence athletic, recreational or festival events, such as health fairs, road races, track meets, triathlons and other similar events; provided, that all of the following conditions are satisfied:
(1) The massage services are made equally available to all participants in the event;
(2) The event is open to participation by the general public or a significant segment of the public such as employees of sponsoring or participating corporations;
(3) The massage services are provided at the site of the event and either during, immediately preceding or immediately following the event;
(4) The sponsors of the event have been advised of and have approved the provisions of massage services;
(5) The persons providing the massage services are not the primary sponsors of the event.
5.44.090 UNLAWFUL BUSINESS PRACTICES MAY BE ENJOINED; REMEDIES CUMULATIVE.
Any massage business operated, conducted or maintained contrary to the provisions of this chapter shall constitute an unlawful business practice pursuant to Business and Professions Code Section 17200 et seq., and the City Attorney or District Attorney may, in the exercise of discretion, in addition to or in lieu of taking any other action permitted by this chapter, commence an action or actions, proceeding or proceedings in the Superior Court of San Mateo County, seeking an injunction prohibiting the unlawful business practice and/or any other remedy available at law, including but not limited to fines, attorneys fees and costs. All remedies provided for in this chapter are cumulative.
5.44.100 ADMINISTRATIVE CITATION.
(a) Violations. Upon a finding by the Chief of Police that a business has violated any provision of this chapter, the Chief of Police may issue an administrative citation as permitted by Chapter 1.10 of this Code.
(b) Separate Violations. Each violation of any provision of this chapter shall constitute a separate violation. Each client to whom massage is provided or offered in violation of this chapter shall also constitute a separate violation. Each day upon which a massage business remains open for business in violation of this chapter shall also constitute a separate violation.
5.44.110 SUSPENSION AND REVOCATION OF CITY REGISTRATION CERTIFICATES.
(a) Reasons. Certificates of registration may be suspended or revoked by the Chief of Police upon finding any of the following grounds:
(1) A massage practitioner is no longer in possession of current and valid CAMTC certification. This subsection shall apply to a sole proprietor or a person employed or used by a massage business to provide massage.
(2) An owner or sole proprietor fails to register under the provisions of California Penal Code Section 290 (sex offender registration), is convicted of California Penal Code Sections 266i (pandering), 315 (keeping or residing in a house of ill-fame), 316 (keeping disorderly house), 318 (prevailing upon person to visit a place for prostitution), 647(b) (engaging in or soliciting prostitution), 653.22 (loitering with intent to commit prostitution), 653.23 (supervision of prostitute); has a business permit or license denied, revoked, restricted, or suspended by any agency, board, city, county, territory, or state; is subject to an injunction for nuisance pursuant to California Penal Code Sections 11225-11235 (red light abatement); is convicted of a felony offense involving the sale of a controlled substance; is convicted of any crime involving dishonesty, fraud, deceit, violence, or moral turpitude; or is convicted in any other state of an offense which, if committed in this state, would have been punishable as one or more referenced offenses in this subsection.
(3) The City determines that a material misrepresentation was included on the application for a certificate of registration or renewal.
(4) Violations of any of the following occurred on the premises of a massage business or were committed by a massage practitioner: California Business and Professions CodeSections 4600 et seq.; any local, state, or federal law; or the provisions of this chapter.
(b) Procedures. Written notice of the suspension or revocation shall be served on the sole proprietor or owners by personal service or certified mail with the legal violation and supporting facts. The notice shall contain an advisement of the right to request an appeal hearing before the Police Chief.
(c) Time Period of Suspension of Permit. The Chief of Police may suspend a registration for a period between five days and the end of the license term, at his or her discretion.
(d) Effective Date of Suspension or Revocation. Suspension or revocation issued pursuant to subsection (b) of this section will be effective 10 days from the date appearing on the order, unless a timely appeal is filed in accordance with subsection (e) of this section.
(e) Appeal.
(1) The decision of the Chief of Police is appealable to the City Manager.
(2) An appeal must be in writing, and be hand-delivered or mailed to the City Manager's office.
(3) An appeal must be received by the City Manager on or before the effective date of suspension or revocation provided by subsection (d) of this section.
(4) The filing of a timely appeal will stay a suspension or revocation pending a decision on the appeal by the City Manager.
(5) A hearing shall be scheduled before the City Manager within 30 days. Either the appellant or the Police Chief may request, in writing directed to the City Manager, a continuance of the hearing. Such requests must be supported by good cause. The decision whether to grant a continuance is at the discretion of the City Manager, who shall consider whether granting the continuance poses a threat to public health or safety in light of the severity of the violations alleged.
(6) The decision of the City Manager shall be final, with no further administrative right of appeal or reconsideration. The City Manager may sustain a suspension or revocation, overrule a suspension or revocation, reduce a revocation to a suspension and/or reduce the length of a suspension. Further, the City Manager may stay the effective date of any suspension for a reasonable time following a hearing.
(f) Reapplication. No reapplication will be accepted within one year after a certificate is revoked.
(g) Evidence. The following rules shall apply to any hearing required by this section. All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues, to be represented by counsel, and to confront and cross-examine witnesses. Any relevant evidence may be admitted if it is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Formal rules of evidence and discovery do not apply to proceedings governed by this chapter. Unless otherwise specifically prohibited by law, the burden of proof is on the registrant in any hearing or other matter under this chapter.
5.44.120 PUBLIC NUISANCE.
It shall be unlawful and a public nuisance for a massage business to be operated, conducted, or maintained contrary to the provisions of this chapter. The City may exercise its discretion, in addition to or in lieu of prosecuting a criminal action, to commence proceedings for the abatement, removal, and enjoinment of that business in any manner provided by law.
Chapter 5.45 PAWNBROKERS—SECONDHAND DEALERS
Editor's Notes
For the statutory provisions regarding pawnbrokers generally see Cal. Fin. 21000 et seq. For the license fee for a pawnbroker or secondhand dealer, see Section 5.24.320.
5.45.005 PERMIT REQUIRED.
No person may buy, sell, exchange, receive in pledge, or otherwise deal in, whether as a separate business or in connection with other business, secondhand or used diamonds, jewelry, silverware, old gold or silver within the City without first obtaining a permit to do so pursuant to Chapter 5.15.
5.45.010 RECORD—KEEPING REQUIRED.
Every person buying, selling, exchanging, receiving in pledge, or otherwise dealing in, whether as a separate business or in connection with other business, secondhand or used diamonds, jewelry, silverware, old gold or silver within the City, shall keep a record on forms to be provided by the license bureau of the City in which shall be entered in the English language at the time of purchase, sale, pledge, or exchange of such articles, a description of such article, bought, sold, pledged, or exchanged, sufficient to identify the same, and the signature and address of the person buying, selling, pledging or exchanging such articles or any of them, and, if an exchange be made, likewise a description of the article or articles given in exchange. Such form shall be signed by the party possessing same and shall contain a statement of the nature of his or her ownership or interest in the article specified therein.
5.45.020 RECORD—DELIVERY TO CHIEF OF POLICE.
The original daily record of the day previous shall be delivered to the Chief of Police by the person keeping such record.
5.45.040 RETENTION OF ARTICLES RECEIVED.
All articles mentioned in Section 5.45.010 received by purchase, pledge, or exchange, shall be kept by the person receiving the same at least thirty days before the same may be disposed of.
Chapter 5.48 PEDDLERS AND SOLICITORS—EXEMPTIONS
Editor's Notes
For the license fee for solicitors, see Section 5.24.230.
For the license fee for peddlers, see Section 5.24.190.
5.48.010 INTERSTATE COMMERCE.
(a) Every peddler, solicitor or other person, claiming to be entitled to exemption from the payment of any tax provided for in this title upon the ground that such tax casts a burden upon his or her right to engage in commerce with foreign nations or among the several states, or conflicts with the laws of the United States respecting interstate commerce, shall file a verified statement with the bureau disclosing the interstate or other character of his or her business entitling such exemption. Such statement shall contain the name and location of the company or firm for which the orders are to be solicited or secured, the name of the nearest local or state manager, if any, and his or her address, the kind of goods, wares or merchandise to be delivered, the place from which the same are to be shipped or forwarded, the method of solicitation or taking orders, the location of any warehouse, factory or plant within the state, the method of delivery, the name and location of the residence of the applicant, and any other facts necessary to establish such claim of exemption. A copy of the order blank, contract form, or other papers used by such person in taking orders shall be attached to the affidavit for the information of the bureau.
(b) No such applicant shall engage in such business without payment of a business tax under the provisions of this title, for the business in which the applicant intends to engage, unless a certificate of exemption, under the provisions of this section, has first been issued to applicant by the Tax Collector.
(c) Such applicant, at the time of the filing of such verified statement, shall also file a photograph of applicant taken, within sixty days immediately prior to the date of filing such application, and showing head and shoulders of applicant. Applicant shall also file a set of his or her fingerprints.
(d) A service charge of five dollars shall be made at the time of filing such application for expenses in connection therewith, and paid to the Tax Collector.
(e) In the event such certificate has been refused, the applicant may appeal to the Council. The provisions of Chapter 5.18 with reference to the notice, place and time of the hearing, and all procedure in connection therewith shall apply in the event of such appeal.
(f) If, at such hearing, the Council has found that payment of a business tax would cast a burden on applicant's right to engage in commerce with foreign countries, or among the several states, or would conflict with laws of the United States respecting interstate commerce, the Council shall cause such certificate of exemption to be issued. If, at such hearing, the Council has found otherwise, such exemption shall be denied.
(g) All findings of the Council thereon shall be final and conclusive on applicant.
5.48.020 VETERANS.
(a) Every peddler, solicitor or other person, claiming to be entitled to exemption from the payment of any tax or permit fee provided for in this title upon the ground that he or she is an honorably discharged or released soldier, sailor, or marine of the United States, who is physically unable to obtain a livelihood by manual labor and who is a qualified elector of the state, as provided, or hereafter to be provided, by any law of this state, shall file with the bureau an affidavit giving his or her name, address, and those of his or her employer, if any, stating that applicant is an honorably discharged solider, sailor, or marine, and is physically unable to obtain a livelihood by manual labor and containing such other information as may be required by the license bureau.
(b) Such an applicant, at the time of the filing of the affidavit, shall also file the following:
(1) A certificate of a regularly licensed and practicing physician dated within six months of such application, to the effect that such applicant is physically unable to obtain a livelihood by manual labor, and stating the nature of such incapacitation;
(2) A photograph of applicant taken within sixty days immediately prior to the date of filing such application, and showing head and shoulders of applicant;
(3) A set of applicant's fingerprints;
(4) A certified or photographed copy of such honorable discharge, or similar document entitling applicant to such exemption;
(5) Such other documents as may be required by the license bureau.
(c) A service charge of five dollars shall be made at time of filing such application for expenses in connection therewith, and paid to Tax Collector.
(d) No such applicant shall engage in such a business without payment of a business tax under the provisions of this title, for the business in which such applicant intends to engage, unless a certificate of exemption, under the provisions of this section, has first been issued to the applicant by the Tax Collector.
(e) In the event such certificate has been refused, the applicant may appeal to the Council. The provisions of Chapter 5.18 with reference to the notice, place and time of the hearing, and all procedure in connection therewith shall apply in the event of such appeal.
(f) If, at such hearing, the Council has found that the applicant is an honorably discharged or released soldier, sailor, or marine, is physically unable to obtain a livelihood by manual labor, and is a qualified elector of the state, the Council shall cause a certificate of exemption to be issued. If the Council at hearing has found otherwise, it shall deny the exemption.
(g) All findings of the Council shall be final and conclusive on the applicant.
5.48.030 FOODSTUFFS RAISED BY APPLICANT IN CITY.
Every peddler, solicitor, or other person claiming to be entitled to exemption from the payment of any license, tax, or permit provided for in this title upon the ground that he or she is the vendor of fruits, vegetable, or other foodstuffs raised by him or her in the City, shall file a verified statement with the bureau containing his or her address, the kind of goods to be sold, the method of solicitation, sale, and delivery, the location of any warehouse in said city, and any other facts necessary to establishing such claim of exemption.
5.48.040 PERIODICALS—PUBLICATIONS.
Every peddler, solicitor, or other person claiming to be entitled to any exemption from any license, tax, or permit provided for in this title on the ground that he or she is peddling or soliciting for the sale of newspapers, periodicals, or other publications, or upon any other grounds not herein specifically mentioned, shall file a verified statement with the bureau containing the information required by Section 5.48.010, and any other facts necessary to establish such a claim of exemption.
Chapter 5.49 TANNING FACILITIES
5.49.010 PURPOSE.
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.
5.49.020 PERMIT REQUIRED.
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.
5.49.030 Definitions.
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.
5.49.040 BUSINESS TAX REQUIREMENT.
A tanning facility and off-premises service shall pay the required business license tax for such business and occupation.
5.49.050 PERMIT NOT REQUIRED.
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.
5.49.060 TANNING PERMIT APPLICATION.
(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.
5.49.070 OPERATING AND SANITATION REQUIREMENTS.
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.
5.49.080 INSPECTION BY OFFICIALS.
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.
5.49.090 PERMITS NONASSIGNABLE.
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.
5.49.100 CHANGE OF LOCATION OR NAME.
(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.
5.49.120 NEW EMPLOYEES—NOTIFICATION.
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.
5.49.130 RENEWAL OF PERMITS—TANNING FACILITIES.
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.
5.49.140 APPLICATION OF REGULATIONS TO EXISTING TANNING FACILITIES.
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.
5.49.150 SUSPENSION OR REVOCATION HEARING.
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.
5.49.160 APPEAL PROCEDURES.
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.
5.49.170 BURDEN OF PROOF.
Unless otherwise specifically prohibited by law, the burden of proof is on the permittee/applicant in any hearing or other matter under this chapter.
5.49.180 PUBLIC NUISANCE.
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.
5.49.190 SEVERABILITY.
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.
Chapter 5.51 POOL HALLS
Editor's Notes
For the license fee for pool halls, see Section 5.24.320.
5.51.010 CLOSING HOURS.
All pool halls, pool rooms, billiard parlors, and/or billiard rooms shall close their doors to the public, and the management thereof shall exclude all patrons therefrom, and said pool halls, pool rooms, billiard parlors and/or billiard rooms shall cease operating at or before the hour of two a.m. of each day in the year, and such pool halls, pool rooms, billiard parlors and/or billiard rooms shall remain closed, and the management thereof shall exclude patrons therefrom, between the hours of two a.m. and six a.m. of each and every day in the year.
Chapter 5.57 PRIVATE PATROLS AND SECURITY SERVICES
Editor's Notes
For the statutory provisions regarding private detectives generally see West's Cal. Bus. & P.C.A. §§ 7500 et seq. for the provisions authorizing cities to regulate any special patrol and require registration see Cal. Bus & P.C.A. § 7523. For provisions relating to police badges and uniforms, see chapter 2.39.
5.57.010 PERMIT—REQUIRED.
No person shall manage, conduct or carry on the business of a private patrol or security service unless under and by the authority of a written permit from the bureau.
For the purposes of this chapter, the terms "private patrol" and "security service" mean a business or occupation in which any person who performs as a street patrol officer or who furnishes street patrol service or street patrol special officers to protect persons or property, whether for public or private purposes, or to prevent the theft, unlawful taking, loss, embezzlement, misappropriation, or concealment of any goods, wares, merchandise, money, bonds, stocks, notes, documents, papers, or property of any kind; or performs the duties of such a street patrol special officer or street patrol service for any of said purposes.
A person who is engaged to safeguard private property and whose duties are carried out on private property, making only incidental use of the streets to travel from one location to another and not intending to make known his or her presence on the streets as a deterrent to law violators or engage in street surveillance is not subject to the requirements of this chapter.
5.57.080 RULES AND REGULATIONS.
The City Manager and the police chief shall promulgate rules and regulations to govern the management, conduct and carrying on of a private patrol or security service, including the fees to be charged for processing the permit application, which shall be approved by the City Council by resolution. When so approved, they shall be enforceable as part of this chapter.
5.57.090 CIVIL IMMUNITIES.
No officer or employee of a private patrol or security service shall, by virtue of any permit heretofore or hereafter issued under this chapter or pursuant to any other law or ordinance, be deemed to be an officer, agent, employee or representative of the City.
Chapter 5.60 PUBLIC DANCES
Editor's Notes
For the statutory provisions directing the mayor or Chief of Police to provide a sufficient number of police to attend and keep the peace at public meetings see Cal. Gov. C.A. § 38638. For the license fee for a public dance, see Section 5.24.210.
5.60.010 DEFINITIONS.
The following words and phrases when used in this chapter shall for the purposes herein have the meanings respectively ascribed to them in this section:
(1) "Dancing academy" means a regularly established place maintained or conducted for the purpose of giving instructions in dancing, for which instructions the person maintaining or conducting the same makes a bona fide selection or choice of the persons so instructed or to be so instructed therein, and contracts specially with each such person for a specified series of lessons in dancing to be given on different dates;
(2) "Public dance" means
(A) Any dance to which admission can be had by payment of a fee or by the purchase, possession or presentation of a ticket or token, or
(B) Any dance to which a person may gain admission without invitation, or
(C) Any dance to which an invitation may be procured by more than fifty persons, or by anyone who cannot be identified at the time of the issuance of the invitation by the sender, or
(D) Any gathering of persons upon any premises where dancing is participated in, either as the main purpose for such gathering or as an incident to some other purpose to which the public is admitted.
(3) Provided that none of the following shall be considered a public dance:
(A) The normal activities of a dancing academy,
(B) A dance given and paid for by an individual or individuals entirely for social purposes where invitations are issued by the individual or individuals giving the dance, to persons known to such individual or individuals, and no admission fee is charged, no food or beverages are sold on the premises to those invited to the dance, and the public is not admitted either for the purpose of dancing or otherwise, and the dancing is not an incident to any other purpose,
(C) A dance given or sponsored by the park and recreation department, any church or church group, the board of education of any school district within the City, any parochial or private school board or group, and
(D) A dance given by a bona fide club or fraternal organization.
5.60.020 INSPECTION BY POLICE.
Any police officer of the City, whether in uniform or in civilian clothes, upon proper identification, shall be admitted without charge to any public dance at any time for the purpose of inspecting the conduct of those participating in the dancing and to determine that the provisions of this chapter are being properly complied with.
5.60.030 CLOSING DAYS AND HOURS.
No person shall conduct or assist in conducting any public dance between the hours of two a.m. and twelve noon on any day.
5.60.040 LIGHTING REQUIREMENTS.
All places where public dances are held must at all times when open for dancing therein be reasonably lighted throughout, and the volume of illumination must not vary during the time such public dance is open to the public.
5.60.050 DISORDERLY CONDUCT.
No person in charge of, or assisting in the conduct of, any public dance shall permit any person therein, and no person shall enter, or remain therein, who is in an intoxicated, boisterous or disorderly condition.
5.60.060 MINORS.
No person under eighteen years of age shall enter, be, or dance in or at any public dance, and no parent or guardian of a person under eighteen years of age, or the proprietor or person in charge of any public dance, shall permit any such minor person to enter, be, or dance in or at any public dance, unless accompanied by the parent or guardian of such minor or by an adult authorized in writing by such parent or guardian to accompany such minor, or unless such dance is sponsored or supervised by adults approved and accepted by one such parent, or guardian; provided that:
(1) Nothing in this section shall be construed to prevent such a person under the age of eighteen years from being in a bona fide hotel, cafe or other place where meals are regularly served, and where a public dance is being held; and
(2) Nothing in this section shall apply to children under the age of five years.
Chapter 5.64 RESIDENTIAL GARAGE SALES
5.64.010 PURPOSE.
It is the purpose and intent of the City Council to regulate sales of merchandise from residentially zoned premises within the City in the interests of the public health, safety and general welfare of its citizens. Regulation is found to be necessary to prevent such sales practices from becoming public and private nuisances or from constituting other violations of this code.
5.64.020 PERMITTED USE.
Sales of personal property to the general public by means of a "garage," "patio" or other sales similarly conducted shall be a permitted use in residential zones notwithstanding other restrictions of this code, provided such sales are held and conducted in accordance with the provisions of this chapter.
5.64.030 TIME AND PLACE OF SALE.
Only one such sale may be conducted in any six-month period and shall be limited to not more than three consecutive days, or to two consecutive weekends not to exceed four days in all. Said sale shall not be conducted between the hours of eight p.m. of any day and eight a.m. of the following day.
5.64.040 DISPLAYS.
Personal property offered for sale shall not be displayed or stored in the front or side yards of any such premises or adjoining public streets or rights-of-way; provided, that said property, including a vehicle, offered for sale may be displayed on a permanently constructed driveway within such front or side yards.
5.64.050 SIGNS.
One unlighted sign shall be permitted, not exceeding six square feet in area, provided it is posted upon the garage or premises and does not encroach into or upon any public right-of-way. Such sign shall be displayed only during the day of the sale. It is unlawful to post or otherwise place signs other than that one sign expressly allowed by this section.
5.64.060 OWNED PERSONAL PROPERTY.
All personal property sold at said sale shall have been owned, utilized and maintained for at least six months prior to the sale by the applicant, or members of his or her family, on or in connection with the residential premises which they occupy, and shall not have been acquired or consigned to him or her for the purposes of resale.
5.64.070 LICENSED RETAIL OR WHOLESALE DEALERS.
No licensed retail or wholesale dealer shall be permitted to consign or offer for sale any goods or merchandise or participate in any private sale authorized by this chapter.
5.64.080 RIGHT TO INSPECT.
Any member of the Police Department shall have the right to inspect the merchandise on display or stored for sale on the premises during a sale authorized by this chapter.
5.64.090 EXEMPTIONS.
Except for Sections 5.64.050 and 5.64.080, the provisions of this chapter shall not apply to any charitable or religious organization or educational institution for occasional sales when the proceeds from such sales are used solely for charitable, religious or educational purposes, nor shall the ordinance codified in this chapter apply to sales conducted pursuant to process or order of any court of competent jurisdiction.
Chapter 5.66 Short Term Rentals
5.66.010 Purpose.
The purpose of this Chapter is to:
(a) Allow limited Short-term Rental uses while preventing the loss of housing stock;
(b) Preserve residential character and establish operating standards to reduce potential noise, parking, traffic, property maintenance, and safety impacts on adjacent neighbors; and
(c) Provide a registration process for the City to track and enforce these requirements as needed and ensure appropriate collection of transient occupancy taxes.
5.66.020 Definitions
For purposes of this section, the following definitions shall apply:
(a) Adjacent Properties. The dwelling units located next to the dwelling unit in which the Short-term Rental is located.
(b) Community Development Director. The City's Community Development Director or designee, which includes any third party program administrator.
(c) Dwelling Unit. Any legal dwelling unit but does not include accessory dwelling units.
(d) Host. Any person who is the owner of record of residential real property or any person who is a lessee of residential real property pursuant to a written agreement for the lease of such real property, who offers a dwelling unit, or portion thereof, for Short-term Rental either through a Hosting Platform or individually as an operator.
(e) Hosting Platform. A means through which a host may offer a dwelling unit, or portion thereof, for short-term rental. A Hosting Platform includes, but is not limited to, an internet-based platform that allows a host to advertise and potentially arrange for temporary occupation of the dwelling unit, or portion thereof, through a publicly searchable website, whether the Short-term Renter pays rent directly to the host or to the Hosting Platform.
(f) Short-term Rental. The use or possession of or the right to use or possess any room or rooms, or portions thereof in any dwelling unit for residing, sleeping, or lodging purposes for less than 30 consecutive calendar days, counting portions of days as full calendar days.
(g) Short-term renter. A person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license, or other agreement for a period of less than 30 consecutive calendar days, counting portions of calendar days as full calendar days.
5.66.030 Permitted Use
Short-Term Rental uses shall be permitted in any residence subject to all Municipal Code requirements, including compliance with the operating standards, registration, Transient Occupancy Tax payments, payment of business license taxes, and recordkeeping obligations. Except as provided for in this section, all other Short-Term Rental uses shall be prohibited.
5.66.040 Operating Standards
The following operating standards shall apply to Short-Term Rentals:
(a) Permitted in Dwelling Units. Any Dwelling Unit, with the exception of Accessory Dwelling Units as defined in Chapter 27.19 of the San Mateo Municipal Code, may be registered as a Short-Term Rental.
(b) Annual Limit. When a Host is present on site, a Dwelling Unit may be occupied as a Short-Term Rental for an unlimited number of days. When a Host is not present on site, a Dwelling Unit may be occupied as a Short-Term Rental for no more than 120 days per year, beginning on the date that the Short-Term Rental was registered.
(c) Local Contact Person. Hosts shall identify to all guests and all occupants of adjacent properties a local contact person to be available 24 hours per day, seven days per week during the term of any stay. The designated local contact person shall:
(1) Respond within 60 minutes to complaints regarding the condition or operation of the dwelling unit or the conduct of guests; and
(2) Take remedial action to resolve such complaints.
(d) Parking. Properties with three or fewer bedrooms must provide at least one off-street parking space. Properties with four or more bedrooms must provide at least two off-street parking spaces.
(e) Special Event. Weddings, parties, corporate events, commercial functions, and any other similar events which have the potential to cause traffic, parking, noise, or other problems in the neighborhood are prohibited from occurring at the Short-Term Rental property, as a component of Short-Term Rental activities.
(f) Occupancy is limited to two people per bedroom or ten people per property, whichever is less.
(g) Hosts must notify guests of all City noise, trash, and parking ordinances.
5.66.050 Registration and Annual Renewal
(a) Application. Prior to advertising or making available the Dwelling Unit for Short-term Rental, Hosts shall register a Dwelling Unit as a Short-Term Rental with the City. This registration shall be submitted on a form prepared by the City and shall include the name and contact information of the Host, the address of the Dwelling Unit being used for Short-Term Rental, the contact information for the local contact person, an acknowledgement of compliance with the requirements of the City's Zoning Ordinance, Municipal Codes, including the requirement to obtain a business license, applicable health and safety standards, and other information as requested.
(b) Fee. The registration form shall be accompanied by a filing fee in an amount established by resolution of the City Council and updated from time to time.
(c) Application Completeness. The submitted information shall be used to determine whether to register the Short-Term Rental. The Host will be notified if an application is incomplete. If the Host fails to timely submit the required information or fees necessary to complete the application, the application shall expire and be deemed withdrawn.
(d) Decision. The Community Development Director shall review Short-term Rental registration applications. After an application is deemed complete, registration shall be approved where:
(1) The Host demonstrates the ability to meet the requirements of this Chapter,
(2) The subject Dwelling Unit is not currently the subject of an unresolved code enforcement case involving health and safety issues in the past twelve months, and
(3) A Short-term Rental registration for the Dwelling Unit has not been denied or revoked in the prior twelve-month period.
5.66.060 Validity
An approved registration shall be valid on a fiscal year basis and annual renewal shall be required beginning on or before July 1. An approved registration shall be personal to the Host and shall automatically expire upon sale or transfer of the dwelling unit. No registration may be assigned, transferred, or loaned to any other person.
5.66.070 Annual Renewal
A registration may be renewed annually upon payment of registration renewal fees no later than July 1 annually and all required transient occupancy tax remittance associated with the Short-term Rental. The Host shall submit such information concerning the Short-Term Rental activity as may be required to enable the Tax Collector to verify the amount of tax paid. Failure to renew prior to the expiration date will result in expiration of the registration.
5.66.080 Requirements Not Exclusive
The issuance of a Short-Term Rental registration shall not relieve any person of the obligation to comply with all other provisions of this Code applicable to the use and occupancy of the property.
5.66.090 Administrative Policy
The City Manager or his/her designee shall have the authority to develop administrative policies to implement the intent of this Chapter.
5.66.100 Transient Occupancy Tax Collection
Transient occupancy taxes (TOT) must be collected for Short-Term Rentals and paid to the City pursuant to Municipal Code. Collection of transient occupancy taxes for Short-Term Rentals shall be the responsibility of the Host, except that the Hosting Platform shall collect TOT when it has entered into a voluntary collection agreement (or equivalent) with the City.
5.66.110 Business License
Hosts must obtain a City business license in accordance with Title 5 of the Municipal Code.
5.66.120 Enforcement
(a) Revocation of Registration. A Short-term Rental registration may be revoked by the Community Development Director after notice and hearing, for any of the following reasons:
(1) Fraud, misrepresentation, or false statements contained in the application;
(2) Fraud, misrepresentation, or false statements made in the course of carrying on a Short-term Rental;
(3) Any violation of any provision of the Municipal Code, including this Chapter; or
(4) Any violation of any provision of federal, state, or local laws.
(b) Revocation Hearing. Before revoking a Short-term Rental registration, the Community Development Director shall give the responsible Host notice in writing of the proposed revocation and of the grounds thereunder, and also of the time and place at which the Host will be given a reasonable opportunity to show cause why the registration should not be revoked. The notice may be served personally upon the Host or may be mailed to the host at the last known address or at any address shown upon the application at least ten days prior to the date of the hearing. Upon conclusion of the hearing, the Community Development Director may, for the grounds set forth herein, revoke the registration.
(c) Appeal from Denial or Revocation of Registration. Any Host whose application has been denied or registration has been revoked shall have the right to an administrative appeal before Community Relations Commission. An appeal shall be filed within ten days of the decision in writing on a form provided by the City to the City Clerk stating the grounds for the appeal and accompanied by payment of the appeal fee. The Community Relations Commission shall hold a hearing thereon within a reasonable time and the decision shall be final.
(d) Waiting Period. Any Host whose registration has been denied or revoked shall be ineligible from applying for a new registration for a 24-month period.
5.66.130 Records of Compliance
The Host shall retain records documenting the compliance with these requirements for a period of three years after each period of Short-Term Rental, including but not limited to records showing payment of transient occupancy taxes. Upon reasonable notice, the Host shall provide any such documentation to City upon request for the purpose of inspection or audit to the City Manager or his/her designee.
5.66.140 Violations
The City will utilize any and all enforcement options as provided for Title 1 for failure to comply with the provisions of this Section.
Chapter 5.69 CLOSING OUT SALES
Editor's Notes
For the statutory provisions regarding unfair trade practices with regard to regulated sales see Cal. Bus. & P.C.A. § 170050.
5.69.010 PROHIBITED SALES.
No person shall advertise, represent or hold out that any sale of goods, wares, or merchandise, or a sale of any department of goods, wares and merchandise, is an insurance, bankruptcy, liquidation, mortgage, insolvent's, assignee's, executors, administrator's, receiver's, or trustee's, or any closing out sale, or removal, or a sale of goods, wares, or merchandise damaged by fire, smoke or water, or a sale of goods from the stock of a bankrupt, receiver, trustee, insurance company, receivership, or trusteeship, and no person shall advertise, represent or hold out that any sale of goods, wares or merchandise, is anticipatory to, or to avoid the termination, closing, liquidating, revision, winding up, discontinuance, conclusion or abandonment of the business in connection with such sale, and no person shall advertise or make any representation in any such manner as reasonably to convey to the public the belief that upon the disposal of any such stock of goods on hand the business will cease and be discontinued, including, but not limited to, sales advertised, held out or represented as adjuster's sale, adjustment sale, administrator's sale, alteration sale, assignee's sale, bankrupt sale, benefit of administrator's sale, benefit of trustee's sale, building coming down sale, closing sale, closing out sale, damaged goods sale, end sale, executor's sale, final days' sale, fire sale, forced out sale, forced out of business sale, insolvent sale, last days' sale, lease expires sale, liquidation sale, loss of lease sale, mortgage sale, receiver's sale, removal sale, reorganization sale, salvage sale, smoke sale, smoke and water sale, trustee's sale, quitting business sale, wholesale cleaning out sale, and also including, but not limited to, sales the advertisement of which contains the word "creditor" or "creditors" unless he or she first obtains a permit to conduct such a sale from the Tax Collector.
Any sale mentioned in this section will be referred to in this chapter as regulated sale.
5.69.020 INVESTIGATION OF RECORDS.
The Chief of Police, or any other City official designated by the City Manager, shall, at all times, have the power, and it shall be his or her duty, to make examination and investigation of the business and books, records and accounts, and other documents pertaining thereto, of any person conducting or theretofore permitted or authorized to conduct, regulated sales.
5.69.030 PERMIT REQUIRED—APPLICATION.
(a) In addition to the information required in Chapter 5.15, the application for a regulated sale permit shall also set forth:
(1) The location of the proposed sale;
(2) Nature of occupancy, showing length of term of lease, if any;
(3) Reason for proposed sale;
(4) Dates upon, or during which, proposed sale is to be conducted;
(5) The number and date of a valid business tax certificate issued by the City to applicant;
(6) Any other facts or statements required by the license collector.
Fingerprints of applicant shall not be required.
(b) Such application shall be accompanied by the following:
(1) A full, true and correct inventory or statement itemizing in detail the amount and description of the goods, wares, merchandise, and personal property to be sold at such sale, together with the proposed selling price of each item;
(2) The required permit fee in an amount equal to one-tenth of one percent of the total selling price of the goods as shown upon the inventory, but not less than $10.00.
(c) The permit shall authorize the conduct for the respective sales therein permitted upon the days listed in the application.
(d) In the event that the Tax Collector has determined that any unusual purchases or additions to the stock of goods, wares or merchandise, for which said application has been filed, have been made within 60 days prior to filing such application, the Tax Collector shall refuse to issue the permit provided for in this section.
5.69.060 TIME LIMIT.
Except as otherwise in this section provided, all regulated sales made pursuant to the permit provided for in Section 5.69.030 must be made within the period of 30 calendar days including and following the first day of sale specified in the permit. If the sale is not completed within the said 30 calendar-day period, the permit holder shall have the privilege of renewing the said permit for an additional period of 30 calendar days immediately following said first 30-day period upon the payment of an additional fee, which shall be one-half of the original fee paid for such regulated sale permit; provided, that application for renewal shall be made to the Tax Collector and the permit fee deposited with him or her prior to the expiration of the first 30 calendar-day period; further provided that no permit shall be renewed so that any regulated sale under this code shall continue for a period of more than 60 calendar days.
No permit for conducting a regulated sale shall be issued to the same applicant, or for any portion of the same stock of goods, or for use upon any portion of the same premises, within 90 days after expiration of the period covered by a prior regulated sale permit.
5.69.070 LIMITATIONS ON REMOVAL OF MERCHANDISE.
The permit provided for in Section 5.69.030 shall be valid only for a sale of the goods, wares, and merchandise inventoried and described in the application for such permit, in the manner and at the time and place set forth in such application. Any removal of such goods, wares, or merchandise, so inventoried and described, from the place of sale described in such application, shall cause such goods, wares and merchandise to lose their identity for the purpose of such regulated sale, and no permit shall thereafter be issued for the conduct of a sale of such goods, wares, or merchandise so removed from the place described in such application, under the provisions of Section 5.69.030, at any other place, or places.
5.69.080 ADDING TO MERCHANDISE—PROHIBITED.
No person in contemplation of the conduct of a regulated sale under a permit as provided in Section 5.69.030 shall add any goods, wares, or merchandise to the inventory filed with the application provided for in said section for the purpose of selling or disposing of the same at such sale.
5.69.090 ADDING TO MERCHANDISE.
It is unlawful for any person conducting a regulated sale under this chapter under any permit granted pursuant to Section 5.69.030 to add, during the continuance of any such regulated sale, any goods, wares, or merchandise described and inventoried in his or her original application, and no goods, wares, or merchandise shall be sold at or during such sale, excepting the goods, wares, or merchandise described in the inventory accompanying the application and each and every addition of goods, wares, or merchandise for the purpose of sale, to the stock of goods, wares, or merchandise described in said inventory, and each sale of such goods, wares, or merchandise as were not described in such inventory, constitutes a separate offense hereunder.
5.69.100 FALSE ADVERTISING.
The permit issued under Section 5.69.030 to any person who holds, conducts, or carries on any sale of goods, wares, or merchandise, contrary to the provisions of this chapter, or whose advertising, statement, representation, or assertion is false or untrue in any respect, or which by the exercise of reasonable care should be known to be false or untrue, deceptive, or misleading, or which violates any of the provisions of this chapter, shall be forthwith suspended by the Tax Collector on his or her determining that this section has been violated, and such person is guilty of a public offense. In the event the order for such suspension is reversed on appeal the time during which any sale is suspended pursuant to such suspension, shall not be counted in calculating the number of days during which the permit for such sale shall be effective.
5.69.140 EXCEPTIONS.
No permit fee need be paid, and the provisions of Sections 5.69.010 through 5.69.100 shall not be applicable to the selling at auction or public sale of any goods, wares, merchandise or property belonging to the United States of America, or the State, the County, or the City, or any other governmental agency, or to any sale conducted under or by virtue of, or pursuant to the authority of, any process issued out of, or by any duly constituted City, County, State, or Federal Court, authority, or body, or to the bona fide sale of the household goods, livestock or farm implements of the owner thereof at the domicile of such owner, or any assets of the estate of a decedent, or incompetent, or the sale of the owner thereof of real property upon which his or her home, dwelling, or business estate of a decedent, or incompetent, or the sale by the owner thereof of real property upon which his or her home, dwelling, or business is located, or of household furniture, fixtures or articles owned by him or her and located within, or upon the real property upon which his or her home or dwelling is situated, or to the sale of any livestock at auction when conducted on the premises included within any racing enclosure which has been licensed under the provision of any California Horse Racing Act.
5.69.150 PRIOR LICENSE, PERMIT OR CERTIFICATE INVALID.
No license, permit, or certificate granted and in effect pursuant to any provision of this code, other than those applying to regulated sales, shall be effective for a regulated sale, without first obtaining a permit for a regulated sale pursuant to this chapter.
5.69.160 APPLICATION OF CHAPTER TO PUBLISHERS.
Nothing contained in Sections 5.69.010 through 5.69.150 shall be determined to apply to the publisher of a newspaper, magazine, or other publication who publishes any advertisement in good faith without the knowledge of its falseness, deceptiveness, or misleading character, or without knowledge that the provisions of said sections, or any portions thereof, have not been complied with.
Chapter 5.70 AMUSEMENT MACHINE PERMITS
5.70.010 DEFINITIONS.
The following definitions shall be applied to terms used in this chapter:
(1) "Amusement machine" is any device, game, or contrivance including, but not limited to, pin ball machines, video games, computer games and electronic games, for which a charge or payment is received for the privilege of playing, using, or operating the same and which, as the result of such use, operation, or playing does not entitle the person using, operating, or playing such device, game, or contrivance to receive the same return in market value in the form of tangible merchandise each time such device, game, or contrivance is used, operated, or played.
(2) "Owner or operator of an amusement machine" means any owner of an amusement machine who operates or permits the same to be played or operated in his or her place of business or in any place under his or her control or who installs or maintains the same in any place where the same can be played or operated by persons in or about such place, or any person in whose place of business any such amusement machine is placed for the use, amusement, patronage, or recreations of the public or of persons in or about such place.
5.70.020 PERMIT REQUIRED.
It is unlawful for any person to install, operate or maintain to be operated any amusement machine in the City without first having obtained a permit in writing to do so from the Tax Collector.
5.70.030 APPLICATION.
Application for such a permit under this chapter shall be made to the bureau, upon a form furnished by the City, and shall contain the following information and statements instead of that required in Section 5.15.010:
(1) Name of the applicant;
(2) Place where the amusement machine is to be placed, maintained, or operated, and, if the mechanical amusement machine is to be placed, maintained, or operated in connection with any other business or calling, the character of the business or calling;
(3) The name of the owner of the location where the machine is to be placed, maintained, or operated;
(4) A complete description of the type of amusement machine and the manner in which it is to be placed, maintained, or operated;
(5) Statement whether the machine is wired for electricity;
(6) The total number of amusement machines to be placed, maintained, or operated at the location for which the permit is required;
(7) A statement that the amusement machine for which a permit is sought is not intended to be, and will not be permitted to be, used for any gambling purpose whatsoever.
Each application shall be accompanied by the applicable permit fee.
5.70.040 COMPLIANCE WITH ZONING CODE.
No permit for an amusement machine shall be issued until the Tax Collector ensures that the machine's location complies with all applicable provisions of chapter 27.65, and any permits required thereunder have been issued.
5.70.080 ANNUAL FEES.
Each holder of an amusement machine permit under this chapter, shall pay at the office of the Tax Collector for each separate amusement machine that the permit authorizes, a fee payable annually in advance, on July first of each year, as follows:
(1) Each amusement machine operated solely to supply music and operated by a coin or token, the sum of fifteen dollars per year;
(2) All other amusement machines operated by a coin or token representing one cent, the sum of thirty dollars per year;
(3) All other amusement machines, operated by a coin or token representing more than one cent, the sum of one hundred dollars per year.
5.70.100 AWARD—CONTESTS.
No award, payoff, or delivery of anything of value, shall be made in any contest, tournament, league, or individual play on any amusement machine; and it is unlawful for any owner or operator of amusement machine to cause, permit, or allow same.
5.70.110 UNLAWFUL USE PROHIBITED.
Nothing in this chapter contained shall be construed to permit the licensing, maintenance or operation of any mechanical device or apparatus which is contrary to any of the laws of the state of California, or the ordinances of the City, nor to permit the operation of any mechanical play device licensed hereunder in such a manner as to be contrary to any of such laws or ordinances.
5.70.290 ISSUANCE OF SEAL OF ISSUANCE.
The bureau shall cause to be placed on each and every machine permitted hereunder, a seal of issuance which shall show the permit number, and the date of expiration of the permit, and the serial or identification number of the machine, in addition to whatever additional information may be deemed necessary. Such seal of issuance shall be affixed in a conspicuous place on the machine for which the permit was issued and shall remain thereon until a new or different seal of issuance is issued therefor. No seal of issuance shall be transferable to any person or from one machine to another.
Chapter 5.75 TAXICABS—PUBLIC VEHICLES
Editor's Notes
For the statutory authority of local authorities within the reasonable exercise of their police power to license and regulate the operation of any vehicle for hire and the drivers of passenger vehicles for hire see Cal. Veh. C.A. § 16501. For the provisions regarding carriers generally see Cal. C. C.A. § 2085 et seq. See also Cal. Pub. U. C.A. §§ 200 et seq. For the provisions regarding financial responsibility see Cal. Veh. C.A. §§ 16550 et seq.
5.75.010 DEFINITIONS.
Terms used in this chapter are defined as follows:
(1) "Driver" means every person in charge of driving or operating any motor-propelled vehicle mentioned in this chapter, either as an agent, employee, or otherwise;
(2) "Law" means any constitutional provision or statute of the United States of America or the State, or any charter provision, or ordinance of the City;
(3) "Owner" means every person, firm, association or corporation having use or control of any taxicab as herein defined, whether as owner, lessee, or otherwise;
(4) "Paint" or "painting" means application of color material in oil solution, and not in water solution;
(5) "Public vehicle" means any vehicle furnishing individual service as a business in the transportation of persons, and seeking their business, or part thereof, on public streets, excluding vehicles furnishing mass services, such as street railway cars, motor buses and omnibuses, which move over fixed routes, or on a fixed schedule, or between fixed termini;
(6) "Stand" means a place designated by the authorities for the use, while awaiting employment, of any passenger-carrying, motor-propelled vehicle;
(7) "Taxicab" means any automobile or motor-propelled vehicle of a distinctive color, of public appearance, such as in common usage in this country for taxicabs, equipped with a taximeter, used for the transportation of passengers for hire over the streets of this City, and not over a defined route, irrespective of whether or not the operations extend beyond the boundary limits of the City, at rates for distance traveled, or for waiting time, or for both, and such vehicle is routed under the direction of such passenger or person hiring the same;
(8) "Taximeter" means any mechanical instrument, appliance, device, or machine by which the charge for hire of a passenger carrying vehicle is mechanically calculated, either for distance traveled, or waiting time consumed, or both, and upon such instrument, appliance, device or machine such charge is indicated by means of figures.
5.75.020 PERMIT REQUIRED—FEES.
No public vehicle or taxicab shall be operated in the City to pick up any passengers unless a permit has been issued to the owner thereof, and is in force currently paid for, and valid. Every permit shall expire on the 30th of June of the year after it is issued. No permit shall be issued unless a certificate of public convenience and necessity has first been issued by the City Manager as set forth in this chapter.
The fees for the right to operate each taxicab shall be established by the resolution of the Council. Fees for the right to operate each taxicab shall be paid by the operator to the Tax Collector upon issuance of the initial permit and each year thereafter. In addition, an initial processing fee for each operator shall be paid by the operator to the Tax Collector upon issuance of the original certificate of convenience and necessity.
Any permit fees required by this section shall be in addition to the fees required by the laws of the State on all motor vehicles.
5.75.030 CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY.
(a) No person shall engage in the business of operating any taxicab to pick up passengers within the City without having first obtained a certificate of public convenience and necessity from the City Manager.
(b) All persons applying to the City Manager for a certificate for the operation of one or more taxicabs shall file a letter with the Tax Collector containing the following information:
(1) The name and address of the owner or person applying;
(2) The number of vehicles actually owned, and the number of vehicles actually operated, by such owner on the date of application, if any;
(3) The number of vehicles for which a certificate of public convenience and necessity is desired;
(4) The make, type, year of manufacture, and passenger seating capacity of each taxicab for which application for a certificate of public convenience and necessity is made;
(5) The make and type of taximeter intended to be installed in each taxicab for which the application for a certificate of public convenience and necessity is made;
(6) A description of the proposed color scheme, insignia, trade style, or any other distinguishing characteristics of the proposed taxicab design.
(7) Such other information as the City Manager may require.
(c) This application letter should be filed along with the owner's application for a taxicab company permit (see Section 5.75.040).
(d) No certificate of public convenience and necessity shall be granted until the City Manager or designee has found that the public convenience and necessity require the proposed taxicab service.
(e) Before any application is acted upon, the Chief of Police shall cause an investigation to be made and shall report his or her findings, in writing, to the City Manager, on the following:
(1) The demand of the public for additional taxicab service;
(2) The adequacy of existing mass transportation and taxicab service;
(3) The financial responsibility and experience of the applicant;
(4) The number, kind, and type of equipment and the color scheme to be used;
(5) The effect which such additional taxicab service may have upon traffic congestion and parking;
(6) Whether or not the additional taxicab service will result in a greater hazard to the public;
(7) Such other relevant facts as the City Manager may deem advisable or necessary.
(f) The City Manager or designee shall investigate and hold a public hearing on the application for a certificate, and he or she shall take evidence at this hearing concerning the application.
(g) If the public convenience and necessity require the additional taxicab service, the City Manager or designee shall grant certificates of public convenience and necessity to those owners applying therefor.
The City Manager or designee shall determine the number of taxicabs which the public convenience and necessity indicate the applicant or applicants may operate.
No certificate of public convenience and necessity shall be issued to any owner or owners who have not fully complied with all of the requirements of this chapter.
(h) The provisions of this section shall not affect the number of taxicabs operating with valid licenses on the effective date hereof.
(i) Every owner operating a licensed taxicab or licensed taxicabs prior to the effective date of this section shall be presumed, in the event of no contrary evidence and findings of the City Manager or designee, to have established prima facie evidence of public convenience and necessity for the licensing of a taxicab or taxicabs actually in operation, and the City Manager or designee, upon written application, as in this section provided, received by him or her not later than 15 days after the effective date of the ordinance codified in this section, shall grant a certificate or certificates to such owner for each such taxicab or taxicabs. No fee shall be charged such owner for the filing of such application. All taxicab permittees in accordance with the terms of this chapter, shall have their permits renewed for each succeeding year without a finding of convenience and necessity by the City Manager, provided all other requirements of Sections 5.75.060 through 5.75.150 are complied with.
(j) If the service for which a certificate is granted is not provided, or if the owner sells, transfers, or discontinues his or her business for a period of 30 consecutive days, the certificate shall be automatically canceled and shall be reissued only in accordance with the provisions of this section. In the case of a sale or transfer, the City Manager or designee has discretion to waive some or all of the requirements needed to obtain a new certificate of public convenience and necessity as long as the new business owner does not intend to operate more taxicabs than those approved for the previous owner.
(k) Whenever an owner sells or transfers title to a taxicab or taxicabs for which a certificate or certificates have been granted, and within 30 days after such a sale or transfer, purchases other taxicabs to replace those which were sold or transferred, the City Manager or designee shall, as a matter of right, upon written application within 30 days of such purchase, issue a new certificate or certificates for the operation of no greater number of taxicabs than those sold or transferred; provided the owner has complied with all of the provisions of this chapter. No fee shall be charged for the filing of such an application.
(l) Any owner whose taxicab or taxicabs for which a certificate or certificates have been destroyed in any manner, will, as a matter of right, upon written application to the City Manager or designee within 30 days after such destruction, be issued a new certificate or certificates for the operation of no greater number of taxicabs than those so destroyed; provided such owner has complied with all of the provisions of this chapter. No fee shall be charged for the filing of such application.
(m) No fee shall be charged for the filing of application for certificates of public convenience and necessity, as herein specified, but fees shall be paid to the Tax Collector in the amount and manner specified in Section 5.75.020.
(n) For each taxicab that a taxicab owner desires to operate to pick up passengers within the City, the owner shall, before operating such a taxicab, obtain a permit pursuant to Section 5.75.040.
5.75.040 TAXICAB COMPANY PERMIT APPLICATION AND ISSUANCE.
(a) No person shall own or operate a taxicab company without first obtaining a taxicab company permit from the City Manager or designee.
(b) Each application for a permit to operate a taxicab shall contain the following information:
(1) The name of the owner;
(2) The financial responsibility and experience of the applicant;
(3) The location where the taxicab will operate from.
(c) This application for a taxicab company permit must be filed simultaneously with the owner's application for a certificate of convenience and necessity so that the City Manager can process the two (2) applications together. The taxicab company permit will not be issued until it is determined that public convenience and necessity justify approval of the permit (see Section 5.75.030).
(d) Before any taxicab company permit may issue, the owner of the taxicab shall file with the Tax Collector a statement containing the year, make, model, type, passenger-seating capacity, vehicle identification number, and license number of the taxicab to be put in service. The Chief of Police or designee must also inspect the taxicab to determine compliance with all applicable laws.
(e) Applicant shall also submit to fingerprinting and photographing by the Police Department for the police record. The costs of fingerprinting and photographing shall be paid before the application will be processed.
(f) If the application is approved and the taxicab meets all requirements of law, the Tax Collector shall issue a permit to operate the taxicab.
(g) If the owner of a taxicab company permit sells, transfers or discontinues the business, the permit to operate the taxicab company will be automatically revoked. Any new owner of an existing business must apply for a new taxicab company permit prior to taking over the operation of the business. (See also Section 5.75.030(j).)
5.75.050 LIABILITY INSURANCE REQUIRED.
No permit to operate any public vehicle shall be issued or renewed, and it is unlawful to operate any such public vehicle, or permit such to be operated, unless and until the owner deposits with the Tax Collector a policy or policies of liability insurance issued by a responsible insurance company, approved as to sufficiency by the Tax Collector and as to legality by the City Attorney, providing indemnity for, or protection to, the insured against loss in the amounts provided for in Section 5.75.060.
The insurance policy shall be valid and effective for no less a period than that for which the permit is issued.
5.75.060 EXTENT OF LIABILITY.
The extent of the liability of the insurer shall be, as to any one permitted public vehicle, the sum of $500,000.00 and $100,000.00 on account of damage to property in any one occurrence.
5.75.090 NOTICE OF TERMINATION OF INSURANCE.
Every such policy or certificate of insurance shall contain a clause obligating the insurer to give to the Tax Collector at least 10 days' written notice before the cancellation, expiration, lapse, alteration, or termination of such insurance, and the permits granted shall expire upon the termination of such insurance, or upon the termination of the liability of the insurer, in accordance with such notice, unless a new policy or certificate of liability insurance is provided to the City. Failure to give the notice required shall operate to continue the liability of the insurer for the benefit of persons injured or damaged, as though that policy continued in full force and effect.
5.75.100 TAG—ISSUANCE.
At the time a permit is issued to the owner of any taxicab, the Police Department shall also issue to the owner a City of San Mateo tag showing the class of public vehicle, the taxicab company name, and the year for which the tag has been issued. No tag shall be displayed on any taxicab except the one for which it was issued. The tag shall be affixed to the side of the vehicle so as to be plainly discernible at all times.
5.75.110 TAG—REPLACEMENT.
In case of the loss of a permit tag, the owner shall within 30 days of the loss file with the Police Department a sworn statement of the facts concerning the loss. The Police Department shall, upon payment of $10.00, then issue a replacement tag.
5.75.120 LIMITATION ON USE.
Owners and drivers of taxicabs are prohibited from permitting or causing the vehicle:
(1) To be operated over any regular route;
(2) To pass any specified point at regular intervals of time, or on a fixed time schedule for the purpose of picking up passengers; or
(3) When hired, to accept other passengers until the service for which they have been hired is completed.
Taxicabs shall at all times, when in operation and not engaged, furnish service on demand to any orderly person for lawful purposes.
5.75.130 IDENTIFICATION—PAINTING—LETTERING.
(a) Every owner and operator of taxicabs may adopt any trade name, design, color scheme, or method of painting or lettering such taxicabs which is approved by the Tax Collector. Such trade name, design, color scheme, or method of painting or lettering, shall include the following matter:
(1) A special body number, assigned by the Tax Collector to each taxicab, and painted on each side and on the rear of the taxicab;
(2) The name of the owner, or the trade name under which he or she does business, painted on each side of the taxicab.
(b) Whenever the name of the owner, or the trade name under which he or she does business, does not include any one of the words "taxicab," "taxi" or "cab," then the word "taxicab" shall be painted on each side of the taxicab immediately beneath such name or trade name.
(c) Whenever any owner or operator of taxicabs does not adopt and use an approved trade name, design, color scheme, or method of painting and lettering as hereinbefore mentioned, then it shall be mandatory for such owner or operator to paint the following matter on each of its taxicabs:
(1) A framed panel, enclosing on separate lines the name of the owner, the word "taxicab" and the serial body number assigned the taxicab by the license collector. Such panel shall be painted on each side of the taxicab, and shall cover no less area than 10 inches by 12 inches. The form of such panel shall be substantially as follows:
JOHN T. SMITH
TAXICAB
320
(2) The serial body number, assigned the taxicab by the Tax Collector, painted on the rear exterior of the taxicab.
(d) All mandatory lettering and wording, as hereinbefore provided, shall be at least two (2) inches in height, and shall be of such color as in the opinion of the license collector will contrast distinctly with the color of the body of the taxicab, provided that the serial body numbers on sides and rear shall be no less than three (3) inches in height.
(e) No one shall cause or permit any taxicab to appear with a trade name, design, color scheme or method of painting or lettering that is not approved by the Tax Collector for the vehicle concerned, or that is not in accordance with the terms of this chapter.
5.75.140 ADVERTISING PROHIBITED.
No taxicab shall carry any lettering, signs, or advertisement on or in any window glass or windshield.
5.75.150 BODY LIGHT.
Every public vehicle shall be equipped with a light within the passenger compartment of the vehicle, capable of being lighted or extinguished by the passenger.
5.75.160 DRIVER'S PERMIT—REQUIRED.
No person shall drive a taxicab to pick up passengers in the City unless he or she possesses a valid driver's permit as provided in this chapter. No owner shall permit or allow a person who does not possess a valid driver's permit as provided for in this chapter to drive a taxicab in the City to pick up passengers. Taxicab driver's permits shall expire on June 30th of each year.
5.75.165 DRIVER TERMINATION.
An owner must immediately report to the City any termination of a driver. Such termination shall be cause for immediate revocation of the driver's permit. The driver's permit must be returned to the City upon termination of the driver.
5.75.170 DRIVER'S PERMIT—APPLICATION.
Every applicant for a permit as a driver of a taxicab shall make application to the Tax Collector on forms to be supplied by the Tax Collector. No application shall be accepted unless the applicant is:
(1) Able to read the English language;
(2) Twenty-one years of age or over;
(3) Free of any infirmity, physical or mental, which would render him or her unfit for safe operation of a public vehicle;
(4) Not addicted to the use of alcohol or drugs;
(5) Able to provide the City with negative test results for alcohol and controlled substances pursuant to Government Code Section 53075.5;
(6) The holder of a valid driver's license issued by the State.
The application form shall set forth such information as the Tax Collector may require, and shall be accompanied by the certificate of a physician that applicant is free from infirmities which would prevent his or her driving a public conveyance with safety.
Applicant shall also submit to fingerprinting and photographing by the Police Department for the police record. One photograph shall be filed with the Police Department. The other shall be affixed to the identification card as required in Section 5.75.250. The costs of fingerprinting and photographing shall be paid before the application will be processed.
5.75.175 DRIVER'S PERMIT—RENEWAL.
Drivers are required to renew their permit prior to expiration on June 30th of each year. Renewal of the permit is conditioned on the Police Department receiving evidence of a driver's negative test results for alcohol and controlled substances as outlined in Government Code Section 53075.5, and a copy of the applicant's State driver's license status that is dated no more than 10 days before presentation to the Police Department. Drivers who fail to present the mandatory test results and license status report before August 30th may be subject to a $25.00 late fee and eventual revocation of the permit.
5.75.180 DRIVER'S PERMIT—FEE.
Every driver of a taxicab subject to this chapter shall pay to the Tax Collector the permit fee established by the Council by resolution. The required fee shall be paid at the time of application for a permit. Even though renewal of the permit is required each year, a permit fee for renewal will be paid only every other year.
5.75.190 DRIVER'S LICENSE—EXAMINATION.
The Chief of Police, or designated representative, will review the driver applicant's license status. The Chief of Police will determine if that driver's license is suspended or revoked or has limiting conditions attached. If the driver's license is currently suspended or revoked, the Chief of Police will deny the permit. If the Chief of Police determines that the conditions attached to the driving license would preclude operation of a taxicab in the City by the applicant, then the permit will be denied.
5.75.200 DRIVER'S PERMIT—ISSUANCE—DENIAL.
The Chief of Police shall notify the Tax Collector in writing of the results of the Police Department investigation and examination and his or her recommendation, and the Tax Collector shall issue or deny a driver's permit.
5.75.210 DENIAL REQUIRED, WHEN.
No driver's permit shall be issued to any person who has tested positive for alcohol or controlled substances or has been convicted of any criminal offense involving moral turpitude, unless mitigating circumstances exist, and in no event to any person who has been convicted of any alcohol or drug-related driving offense within the one (1) year immediately preceding the date of the application.
5.75.250 IDENTIFICATION CARD.
At the time of the issuance of a driver's permit, the Chief of Police shall also issue an identification card, upon which shall be affixed one of the photographs required in Section 5.75.170. The identification card shall contain the number of the permit, the signature of the issuer, and the date of issuance. The identification card shall be carried at all times by the driver when he or she is driving a taxicab, shall be worn on his or her cap or outer garment to be plainly visible, and shall be displayed on demand to any motor vehicle inspector, police officer, or citizen. The identification card shall not be transferred to any other person.
5.75.260 IDENTIFICATION CARD RETURN.
When a driver fails to renew his or her permit by June 30th of each year or if his or her permit is revoked or suspended, he or she shall return his or her identification card to the Tax Collector within 30 days of the lapse, revocation, or suspension.
5.75.310 DRIVING WHILE PERMIT SUSPENDED.
Whenever a permitted driver is convicted of driving a vehicle for which a driver's permit is required by this chapter during a period for which his or her permit has been suspended, the Chief of Police shall notify the Tax Collector, who shall revoke the permit of such driver, and that driver shall not be eligible to receive a new permit for a period of one (1) year from the date of the revocation.
5.75.320 CAUSES FOR REVOCATION.
The Tax Collector shall suspend the permit of any driver holding a permit under this chapter whenever the Chief of Police recommends revocation for any of the following reasons, in addition to other reasons contained in this title:
(1) The driver obtains a permit by false statements in his or her application, or upon misrepresentation, or upon false statements on his or her declaration in applying for a duplicate card;
(2) The driver becomes physically or mentally incapable of driving a vehicle;
(3) The driver is convicted of a felony;
(4) The driver is convicted of a misdemeanor involving moral turpitude;
(5) The driver is convicted of a driving offense related to the use of drugs or alcohol;
(6) The driver tests positive for alcohol or controlled substances as outlined in Government Code Section 53075.5;
(7) The driver fails to submit the necessary test results and driver's license status report required for yearly renewal of the permit (see Section 5.75.175).
5.75.330 DRIVER'S PERMIT ISSUANCE—RULES AND REGULATIONS PROMULGATION.
The Tax Collector and Chief of Police are authorized and empowered to establish and adopt such additional rules and regulations governing the issuance of permits to drive taxicabs and the inspection and operation of public vehicles, as may be reasonable and necessary, and not inconsistent with the provisions of this code, and subject to approval by resolution of the Council.
5.75.340 REVOCATION OR SUSPENSION NOTICE.
The Tax Collector shall notify the driver of any suspension or revocation. Such notification shall be by certified mail, directed to the last address of the driver on file with the Chief of Police.
5.75.370 TAXIMETER—REQUIRED.
No application for a permit to operate a taxicab in this City shall be granted or renewed to any owner or driver of any taxicab within this City, and no taxicab which is now operating under a license permit, shall be permitted to operate after June 1, 1949, unless such vehicle is equipped with a taximeter of such type, style, and design as may be approved by the City Manager, and it shall be the duty of every owner operating a taxicab to keep such taximeter in perfect condition so that such taximeter will at all times correctly and accurately indicate the legal charge for the distance traveled, and waiting time. Such taximeter shall be at all times subject to inspection by the Chief of Police, and the Chief of Police is authorized at his or her instance or upon complaint of any person, to investigate such taximeter or cause it to be investigated, and upon the discovery of any inaccuracy in such meter, to remove or cause to be removed such vehicle equipped with the taximeter from the streets of the City until such time as the taximeter has been correctly adjusted; provided, that the City Manager may in writing permit the operation of a taxicab unequipped with a taximeter on the terms and conditions, including, but not limited to, rates, and for the time specified in such a written permit, a copy of which permit must be displayed in the passenger's compartment of a taxicab.
5.75.380 TAXIMETER—REGISTRATION OF CHARGE.
Every such taximeter shall register the charge to the nearest $0.10, and be equipped with a flag or other mechanical device, with the words "for hire" or "vacant" printed or stamped thereon, and such flag shall be so attached and connected to the mechanism of such taximeter as to cause such mechanism to operate when such flag is in a position other than upright, and indicate that the taxicab is not for hire, and which flag shall, when moved forward or downward, start the operation of such taximeter so that the same will operate in the manner defined herein.
5.75.390 TAXIMETER—OPERATION REQUIREMENTS.
No driver of a taxicab, while carrying passengers, shall display the flag or device attached to such taximeter in a position which might cause such taximeter to record when such vehicle is not actually employed, and such driver shall throw such flag or other device on such taximeter into a nonrecording position at the termination of each and every service; provided that, unless the City Manager has permitted the operation of the taxicab unequipped with a taximeter, as set forth in Section 5.75.370, no taxicab shall carry passengers within the City, regardless of its destination, without such taximeter in operation.
5.75.400 TAXIMETER—CHARGES FIXED.
All charges for transportation of passengers in taxicabs operated in the City must be based on the charges indicated on such taximeters. No owners, driver or operator of any taxicab shall charge any passenger or passengers any sum in excess of, or less than, the sum indicated on such taximeter.
The provisions of the above paragraph shall not apply to owners, drivers or operators who are participants in the medical transportation program of the San Mateo Health Commission while such persons are providing transportation for the program.
5.75.410 TAXIMETER—INSTALLATION.
The taximeter shall be so placed in such taxicab that the reading dial, showing the amount to be charged, shall be well lighted and readily discernible by the passenger riding in such taxicab.
5.75.420 FARE CARD.
There shall be displayed in the passenger compartment of each taxicab, in full view of the passenger, a card not less than two (2) inches by four (4) inches in size which shall have plainly printed thereon the name of the owner, or the fictitious name under which such owner operates, the business address and telephone number of such owner, and a correct schedule of the rates to be charged for conveyance in such vehicle.
5.75.430 RATES—APPLICATION—HEARING.
(a) Applications for any adjustment in rates may be filed by a taxicab company, or a member of the public or City staff. Applications shall first be filed in writing with the Sustainability and Infrastructure Commission, setting forth justification for such adjustment and requesting a hearing thereon. Such applications shall not be filed until one (1) year has passed since the last rate adjustment.
(b) The Commission shall set the matter for hearing at their regular monthly meeting following the filing of a completed application. Any interested person may be heard concerning the requested adjustment. The hearing may be continued as the Commission deems necessary, except that they shall act upon the matter by a recommendation to the Council no later than 90 days after the date of filing a completed application.
(c) Upon the expiration of said 90 days, or upon receipt of the Commission's recommendation, whichever is sooner, the matter shall be set for hearing at the Council's next regular meeting. The decision of the Council establishing the rates in a resolution shall be final.
5.75.435 MAXIMUM TAXICAB RATES.
No owner or driver of any taxicab shall fix or charge or collect a rate in excess of that which shall be authorized by resolution of the Council.
5.75.440 ARTICLES LEFT IN VEHICLES.
Drivers of public vehicles shall promptly deliver to the Police Department, or to authorized agencies of their companies, all property of value left in such vehicles by passengers.
5.75.450 RECORDS.
The owner or person in charge of one (1) or more taxicabs shall keep a record of all such public vehicles, showing the body number, the City permit number, and such data as may be necessary to identify the driver of such vehicle or vehicles at any and all times. Such owner or person in charge shall also keep, or be caused to be kept, a trip sheet for each cab showing the time of departure, the destination, and time of arrival for each trip. Such owner or person in charge shall also keep a record of the time of departure from the arrival at his or her garage or headquarters of each taxicab. Such records shall be subject to inspection at all times by the Police Department.
5.75.460 EMPLOYMENT OF UNLICENSED DRIVERS PROHIBITED.
No owner shall permit a taxicab to be driven for hire by anyone who is not a licensed taxicab driver in the City. In the event that such a vehicle is driven by a person not so licensed, the Chief of Police shall notify the license collector, who shall revoke the taxicab license for the vehicle concerned.
5.75.470 EMPLOYMENT CHANGES—NOTIFICATION.
Every owner operating one (1) or more public vehicles shall notify the Chief of Police annually on blank forms furnished by the Police Department of every licensed taxicab driver entering or leaving its, his or her employ during the preceding year. However, terminations of drivers must be reported immediately (see Section 5.75.165).
5.75.480 PASSENGER CARRYING FOR HIRE BY OTHER VEHICLES PROHIBITED.
The carrying of passengers as a business for compensation by any vehicle other than a public vehicle, duly licensed under and operating in accordance with the provisions of this chapter or by motor busses, omnibuses, or street cards, operating under proper authority, is prohibited.
5.75.490 VEHICLES FROM OTHER LOCATIONS.
Public vehicles having no San Mateo permit and whose place of business is not in the City, may bring passengers into San Mateo, but may not solicit any passenger in the City for any destination, within or without the City.
5.75.500 FAILURE TO PAY FARE.
No person shall, with intent to defraud the owner or driver of any public vehicle, engage carriage therein. Refusal to pay the lawful charge for such carriage, or absconding without payment or offer to pay shall be evidence of such intent to defraud.
5.75.510 PUBLIC VEHICLE REQUIREMENTS.
Every public vehicle shall be kept in a safe and sanitary operating condition. The City Manager may authorize the Police Department to inspect public vehicles at any time. Whenever a public vehicle is found not to be in a safe and sanitary condition, the Tax Collector shall suspend or revoke the license permit of such public vehicles.
5.75.520 UNLAWFUL USE OF VEHICLE.
It is unlawful to use or permit the use of a public vehicle for any unlawful purpose.
5.75.530 TAXICAB STANDS—PARKING.
The City Manager is authorized and directed to establish such taxicab stands, as will serve the best interest of the public. In such taxicab stands, taxicabs shall park only while awaiting passengers for hire. No taxicab shall park in a taxicab stand for a period exceeding one (1) hour. No taxicab shall be parked or stopped to solicit passengers at any place other than a designated taxicab stand.
The City Manager shall designate taxicab stands by a stanchion or sign bearing the legend that it is a taxicab stand.
As taxicabs leave a taxicab stand those behind shall move up, and any incoming taxicab shall enter only from the rear, and shall stop as near as possible to the last taxicab already at the stand. Not more than one (1) taxicab of one (1) owner shall occupy any stand having a capacity of five (5) vehicles or less; not more than two (2) taxicabs of one (1) owner shall occupy any stand of greater capacity than five (5) vehicles. Should more than the legal number of taxicabs belonging to one (1) owner occupy a given stand at one (1) time, the taxicab of such owner farthest to the rear is the violator.
5.75.540 CARRYING CAPACITY.
No public vehicle shall carry more passengers than the number designated as its seating capacity in the application on which the permit was issued.
5.75.570 SOLICITATION OF PASSENGERS PROHIBITED.
No taxicab driver shall solicit passengers on public streets or in quasipublic places either by motion of hand or by word of mouth. No taxicab driver shall park or stop to solicit passengers at any place other than within a designated taxicab stand.
5.75.580 UNAUTHORIZED PERSONS PROHIBITED.
Whenever any taxicab is occupied by a fare paying passenger or passengers, or by members of the party of a fare paying passenger, the driver shall permit no other person to occupy or ride in such taxicab.
Whenever any taxicab is unoccupied, or not completely occupied, but is seeking business, the driver shall permit no person not intending to pay a fare to occupy or ride in such taxicab.
5.75.590 POSITION OF DRIVER.
The driver of any taxicab shall remain on or beside his or her vehicle at all times when such vehicle is standing upon the public streets.
5.75.600 CHANGE OF ADDRESS.
Every driver holding a permit under this chapter shall have his or her residence address on file with the Chief of Police, and in case of change shall notify the Chief of Police in writing within 10 days of the change.
5.75.610 DEFACING DOCUMENTS PROHIBITED.
No person shall deface any certificate, badge, tag, identification card, or rate card, or remove, tamper with, or alter a rate card displayed in a public vehicle.
5.75.630 VIOLATION MARKS.
(a) For the purpose of regulating drivers pursuant to this chapter, the Chief of Police is authorized to establish a system of violation marks for the violation of traffic laws and laws relating to public vehicles, upon conviction of a taxicab driver of any offense hereinafter set forth, in accordance with the following classified schedule:
(1) Class I. Four (4) violation marks shall be entered for each conviction of an offense under any of the following sections:
Improper use of spotlight.
Not having good brakes.
Reckless driving.
Speeding.
Driving to left of center of street.
Passing a street car on left.
Passing standing street car or bus receiving or discharging passengers.
Disobeying light, voice, or hand bell, or whistle signals.
Not giving name when requested.
Not assisting at, stopping after, or reporting accident.
Driving wrong way on one-way street.
Not making arterial highway stops.
Parking too close to fire hydrant.
Operating a public vehicle without a public vehicle license, or with a sus-pended or revoked public vehicle license.
Not displaying metal tag.
Improper or illegal manner of operation; illegal display of signs; refusal to transport passengers.
Use of unauthorized signs or advertising.
Nondisplay, tampering with, or destruction of rate card.
Immoral or unlawful use of vehicle.
Zone taxicab on taxicab stand, or parked within forbidden area.
Not having driver's license.
Assigning, giving or transferring badge to another person.
Defacing identification card, badge, or license certificate.
Not stopping at a railroad crossing when signs or signals give indication of approaching train or car designated to rail travel;
(2) Class II. One (1) violation mark shall be entered for each conviction under any traffic law or law governing public vehicles not included in Class I. Provided, however, that whenever a driver is fined, costs suspended, then no violation marks shall be given, although the records shall be kept by the Police Department;
(3) Class III. In addition to violation marks entered on convictions as provided in Classes I and II, the Chief of Police may, after hearing, enter marks for minor violations of rules and regulations, not exceeding one (1) mark in any single case.
(b) Whenever a driver has received 12 violation marks in accordance with the schedule herein provided, during any 12-month period, the Police Chief shall notify the Tax Collector, who shall suspend the permit of the driver for a period of 30 days.
(c) Whenever a driver has received 30 violation marks in any 12-month period the Police Chief shall notify the Tax Collector, who shall revoke the permit of the driver, and the driver shall not be eligible to receive a new permit for a period of one (1) year from the date of the revocation.
5.75.640 SMOKING PROHIBITED.
Smoking shall be prohibited in taxicabs.
Chapter 5.76 TOWING SERVICE
5.76.010 PERMIT—REQUIRED.
No person shall manage, conduct, or carry on the business of a towing service unless he or she has a current and valid written permit from the bureau.
5.76.080 RULES AND REGULATIONS.
The City Manager and the police chief shall promulgate rules and regulations to govern the management, conduct and carrying on of a towing service, including the fees to be charged for processing the permit application, which shall be approved by the City Council by resolution. When so approved, they shall be enforceable as part of this chapter.
5.76.090 CIVIL IMMUNITIES.
No officer or employee of a towing service shall, by virtue of any permit heretofore or hereafter issued under this chapter or pursuant to any other law or ordinance, be deemed to be an officer, agent, employee or representative of the City.
5.76.100 ACCIDENT SCENE.
No person shall respond to the area of an accident, or to any other area where a tow may be needed, for the purpose of offering towing service, unless requested by either the party who needs the service or by an employee or officer of the City.
Chapter 5.83 ESCORT SERVICE BUSINESSES
5.83.010 PURPOSE.
It is the purpose of the City Council to regulate the operation of escort service businesses in the interests of public peace, health, safety and welfare.
5.83.020 PERMIT REQUIRED.
It is unlawful for any person to operate an escort service business in the City, individually or through employees or independent contractors, without a permit from the bureau. Such a permit is personal and cannot be assigned.
5.83.030 DEFINITIONS.
For the purpose of this chapter certain words and phrases are defined as follows:
(1) An "Escort service business" means the business of providing escort service for-hire on a temporary basis.
(2) "Escort" is a person who, for compensation, accompanies another person to social affairs, entertainments, place of amusement, or eating places or who, for compensation, accompanies another person about any place of public resort or within any private quarters.
(3) "For-hire" means in return for the payment of money.
(4) "On a temporary basis" means for less than twenty-four hours.
(5) "Employee" is a person from whom the operator of an escort service bureau withholds state and federal income taxes and Social Security taxes.
(6) "Independent contractor" is a person who renders service to an operator of an escort service business but from whom the operator does not withhold such taxes.
5.83.040 APPLICATIONS.
An applicant for a permit to operate an escort service shall, in addition to the information required in Section 5.15.010, file with the bureau the following:
(1) Proof that the applicant's age is at least eighteen;
(2) Whether the applicant will operate the escort service business individually, that is without employees or through independent contractors, the operator of the business being the only escort;
(3) Whether the applicant will employ other persons to act as escorts in the operation of the business and, if so, how many other such persons the applicant expects to employ;
(4) Whether the applicant will operate through independent contractors who act as escorts, and if so, the number of independent contractors through whom it expects to operate;
No applications under this chapter shall be made by, and no permit shall be issued to, a corporation or partnership.
5.83.050 INVESTIGATION FEE.
Each application shall be accompanied by a nonrefundable one hundred dollars investigation fee.
5.83.080 ISSUANCE OR DENIAL OF PERMIT.
On receipt from the Police Department of its investigation report the bureau shall issue a permit if the Police Department in its report finds that the applicant has furnished all required information and that:
(1) The character and responsibility of the applicant are satisfactory;
(2) Operation of the business will comply with all applicable laws;
(3) The applicant has not been convicted of a violation of California Penal Code Section 311 through 311.7, 314 through 316, 318, or 647 (a), (b), (d) or (h), or California Health and Safety Code Section 11351 through 11354, 11358 through 11363, 11378 through 11380 or 11383;
(4) The applicant has not been convicted of the use of force and violence upon another;
(5) The applicant has not knowingly and with intent to deceive made any false, misleading or fraudulent statement in his or her application or in any other document required to be submitted in conjunction with the application.
The permit shall be denied if all of the above findings are not made or if all required information has not been supplied. If the permit is denied, the reasons for the denial shall be endorsed on the application, and the bureau shall, by first class mail, notify the applicant of the denial with a copy of the application on which have been endorsed the reasons for the denial.
5.83.110 REPORT ON INDEPENDENT CONTRACTORS.
Each operator of an escort service business shall on the date of commencement of business report in writing to the Police Department the name, age, home address, and home telephone number of each person the operator expects to engage as an independent contractor to act as an escort, and shall on each following April 1, July 1, October 1, and January 1 report in writing to the Police Department the name, age, home address and home telephone number of each person whom the operator has engaged as an independent contractor during the preceding three months to act as an escort.
5.83.120 PENDING APPLICATIONS.
The provisions of this chapter shall apply to each person who has pending with the bureau an application for a license to operate an escort service bureau.
Chapter 5.86 REUSABLE BAGS
5.86.010 DEFINITIONS.
(a) "Customer" means any person obtaining goods from a retail establishment.
(b) "Garment bag" means a travel bag made of pliable, durable material, with or without a handle, designed to hang straight or fold double and used to carry suits, dresses, coats, or the like without crushing or wrinkling the same.
(c) "Nonprofit charitable reuser" means a charitable organization, as defined in Section 501(c)(3) of the Internal Revenue Code of 1986, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than 50% of its revenues from the handling and sale of those donated goods or materials.
(d) "Person" means any natural person, firm, corporation, partnership, or other organization or group however organized.
(e) "Prepared food" means foods or beverages which are prepared on the premises by cooking, chopping, slicing, mixing, freezing, or squeezing, and which require no further preparation to be consumed. "Prepared food" does not include any raw, uncooked meat product or fruits or vegetables which are chopped, squeezed, or mixed.
(f) "Public eating establishment" means a restaurant, take-out food establishment, or any other business that receives 90% or more of its revenue from the sale of prepared food to be eaten on or off its premises.
(g) "Recycled paper bag" means a paper bag provided at the check stand, cash register, point of sale, or other point of departure for the purpose of transporting food or merchandise out of the establishment that contains no old growth fiber and a minimum of 40% post-consumer recycled content; is 100% recyclable; and has printed in a highly visible manner on the outside of the bag the words "reusable" and "recyclable," the name and location of the manufacturer, and the percentage of post-consumer recycled content.
(h) "Retail establishment" means any commercial establishment that sells perishable or nonperishable goods including, but not limited to, clothing, food, and personal items directly to the customer; and is located within or doing business within the geographical limits of the City of San Mateo. "Retail establishment" does not include public eating establishments or nonprofit charitable reusers.
(i) "Reusable bag" means either a bag made of cloth or other machine washable fabric that has handles, or a durable plastic bag with handles that is at least 2.25 mil thick and is specifically designed and manufactured for multiple reuse. A garment bag that meets the above criteria is also a "reusable bag," whether or not it has handles or not.
(j) "Single-use carry-out bag" means a bag other than a reusable bag provided at the check stand, cash register, point of sale or other point of departure, including departments within a store, for the purpose of transporting food or merchandise out of the establishment. "Single-use carry-out bags" do not include bags without handles provided to the customer: (1) to transport prepared food, produce, bulk food or meat from a department within a store to the point of sale; (2) to hold prescription medication dispensed from a pharmacy; or (3) to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a reusable bag or recycled paper bag.
5.86.020 SINGLE-USE CARRY-OUT BAG.
(a) No retail establishment shall provide a single-use carry-out bag to a customer at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment except as provided in this section.
(b) On or before December 31, 2014, a retail establishment may make available for sale to a customer a recycled paper bag or a reusable bag for a minimum charge of $0.10.
(c) On or after January 1, 2015, a retail establishment may make available for sale to a customer a recycled paper bag or reusable bag for a minimum charge of $0.25.
(d) Notwithstanding this section, no retail establishment may make available for sale a recycled paper bag or a reusable bag unless the amount of the sale of such bag is separately itemized on the sale receipt.
(e) A retail establishment may provide one or more recycled paper bags at no cost to any of the following individuals; a customer participating in the California Special Supplement Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code; a customer participating in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the California Welfare and Institutions Code; and a customer participating in CalFresh pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the California Welfare and Institutions Code.
5.86.030 RECORDKEEPING AND INSPECTION.
Every retail establishment shall keep complete and accurate records or documents of the purchase and sale of any recycled paper bag or reusable bag by the retail establishment for a minimum period of three years from the date of purchase and sale, which record shall be available for inspection at no cost to the City or County during regular business hours by any City or County employee authorized to enforce this part. Unless an alternative location or method of review is mutually agreed upon, the records or documents shall be available at the retail establishment address. The provision of false information, including incomplete records or documents, to the City or the County shall be a violation of this section.
5.86.040 VIOLATION.
It is unlawful to violate this chapter.
5.86.050 AUTHORIZATION FOR COUNTY ENFORCEMENT.
In addition to the City's enforcement mechanisms set forth in Title 1 of this code, the City of San Mateo authorizes the County of San Mateo's Environmental Health Division to enforce this chapter of the municipal code, including, without limitation, the authority to hold hearings, issue administrative fines, and retain collected fines.
5.86.060 ADMINISTRATIVE FINES.
In the event that the County enforces this chapter on the City's behalf within the City limits, the following administrative fine provisions apply:
(a) Grounds for Fine. A fine may be imposed upon findings made by the San Mateo County Director of the Environmental Health that any retail establishment has provided a single-use carry-out bag to a customer in violation of this chapter.
(b) Amount of Fine. Upon findings made under subsection (a), the retail establishment shall be subject to an administrative fine as follows:
(1) A fine not exceeding $100.00 for a first violation;
(2) A fine not exceeding $200.00 for a second violation;
(3) A fine not exceeding $500.00 for the third and subsequent violations;
(4) Each day that a retail establishment has provided single-use carry-out bags to a customer constitutes a separate violation.
(c) Fine Procedures. Notice of the fine shall be served on the retail establishment. The notice shall contain an advisement of the right to request a hearing before the San Mateo County Director of the Environmental Health contesting the imposition of the fine. The grounds for the contest shall be that the retail establishment did not provide a single-use carry-out bag to any customer. Said hearing must be requested within 10 days of the date appearing on the notice of the fine. The decision of the San Mateo County Director of the Environmental Health shall be based upon a finding that the above-listed ground for a contest has been met and shall be a final administrative order, with no administrative right of appeal.
(d) Failure to Pay Fine. If said fine is not paid within 30 days from the date appearing on the notice of the fine or of the notice of determination of the San Mateo County Director of the Environmental Health after the hearing, either the City or the County is authorized to bring an action to collect any unpaid administrative fine.
Chapter 5.89 Disposable Food Service Ware
5.89.010 Definitions
For purposes of this Chapter, the following terms have the following meanings:
(a) "Aluminum Foil-based" means any Disposable Food Service Ware composed entirely of aluminum, including but not limited to aluminum tray liners, aluminum foil, and aluminum foil baskets.
(b) "City" means City of San Mateo or any entity authorized to perform City duties in a written agreement, which includes the County of San Mateo.
(c) "Compostable" means that an item or material:
(1) Meets standards for compostability from a certified/approved independent third-party approved by the County Manager or designee, in collaboration with local waste processors, haulers, and/or other entities, as required; and/or
(2) Is any variation of acceptable materials that will break down or otherwise become part of usable compost in a safe and timely manner as determined by the County Manager or designee, in collaboration with local waste processors, haulers, and/or other entities, as required; and
(3) Is Natural Fiber-based. Compostable items may include those that are made entirely of Natural Fiber or Natural Fiber-based items that are coated or lined with biologically based polymer, such as, but not limited to corn or other plant sources (e.g., compostable plastics), if certified/approved by independent third parties approved by the County Manager or designee.
"Compostable" does not include items made entirely or primarily of biologically based polymer (e.g., PLA, PHA, or other compostable plastic), even if labeled or certified as compostable.
(d) "County" means the County of San Mateo.
(e) "Disposable" means designed to be discarded after a single or limited number of uses and not designed or manufactured for long-term multiple re-use.
(f) "Food Service Ware" means food contact products used for serving, distributing, holding, packaging, and/or transporting Prepared Food including, but not limited to plates, cups, bowls, trays, clamshell containers, boxes, utensils, straws, lids, and food contact paper (e.g., wraps, bags, tray liners, etc.). The term "Food Service Ware" includes Food Service Ware Accessories and Standard Condiment in Disposable packaging.
(g) "Food Service Ware Accessories" include different types of Food Service Ware such as straws, stirrers, Utensils, condiment cups and packets, cocktail sticks/picks, toothpicks, napkins, cup spill plugs, cup sleeves, and other similar accessory or accompanying Food Service Ware used as part of food or beverage service or packaging. Detachable lids for beverage cups and food containers are not considered a Food Service Ware Accessory.
(h) "Food Facility" means an operation that stores, prepares, packages, serves, vends, or otherwise provides food to the public for human consumption, as defined by the California Health and Safety Code Section 113789 or successor. It includes both permanent and temporary food facilities. For purposes of this Chapter, public schools are not included in the definition of Food Facility.
(i) "Food Scrap Composting Method" means (1) self-hauling of food scraps to a permitted composting facility or a transfer station that accepts food scraps that will be transferred to a permitted composting facility for on-site compost processing, (2) food scrap compost collection service provided by a curbside hauler, or (3) on-site food scrap composting.
(j) "Healthcare Facilities" mean places that provide healthcare to the public. Healthcare Facilities include, but are not limited to hospitals, clinics, outpatient care centers, nursing homes, psychiatric care centers, medical offices, hospice homes, mental health and addiction treatment centers, orthopedic and other rehabilitation centers, urgent care, or birth centers.
(k) "Natural Fiber/Natural Fiber-based" means a plant or animal-based, nonsynthetic fiber, including but not limited to products made from paper, sugarcane, bamboo, wheat stems/stalk, hay, or wood.
(l) "Non-Compostable" means not meeting the definition of Compostable set forth in this Chapter.
(m) "Perfluoroalkyl and Polyfluoroalkyl substances (PFAS)" means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(n) "Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) Restrictions" mean either of the following:
(1) PFAS has not been intentionally added to a product or product component.
(2) The presence of PFAS in a product or product component is below 100 parts per million, as measured in total organic fluorine.
(o) "Polystyrene-based" means and includes expanded polystyrene, which is a thermoplastic petrochemical material utilizing a styrene monomer and processed by any number of techniques including, but not limited to fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding, and extrusion-blow molding (extruded foam polystyrene). The term "polystyrene" also includes polystyrene that has been expanded or blown using a gaseous blowing agent into a solid foam (expanded polystyrene [EPS]) and clear or solid polystyrene known as oriented polystyrene.)
(p) "Prepackaged Food" means any properly labeled processed food, prepackaged to prevent any direct human contact with the food product upon distribution from the manufacturer and prepared at an approved source.
(q) "Prepared Food" means food or beverages that undergo a cooking or food preparation technique on the Food Facility's premises for consumption by the public. Cooking or food preparation technique includes, but is not limited to, the following: 1) Cooking methods, utilizing the application of heat, such as steaming, microwaving, simmering, boiling, broiling, grilling, frying, or roasting; 2) Beverage preparation, such as blending, brewing, steeping, juicing, diluting, or pouring; and 3) Food preparation techniques, such as defrosting, rinsing, washing, diluting, cutting, portioning, mixing, blending, assembling, coating, dipping, garnishing, decorating, or icing. Prepared Food does not include raw eggs or raw, butchered meats, fish, and/or poultry sold from a butcher case, a refrigerator case, or similar retail appliance.
(r) "Standard Condiments" means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, and includes different types such as ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, and sugar/sugar substitutes.
(s) "Takeout Food" means Prepared Food that is purchased to be consumed off a Food Facility's premises. Takeout Food includes Prepared Food delivered by a Food Facility or by a third-party Takeout Food Delivery Service.
(t) "Takeout Food Delivery Service" is a service for online food ordering and delivery of Prepared Food from a Food Facility to a customer. This service can be provided directly by the Food Facility or by a third-party.
5.89.020 Distribution of Disposable Food Service Ware Accessories and Standard Condiments
Except as provided in Subsection (b), Food Facilities, for on-premise dining and off-premise dining (e.g., Takeout Food Delivery Service, catering off-site, etc.), shall not provide any Disposable Food Service Ware Accessories or Standard Condiments in Disposable packaging to a consumer
(a) unless the specific type of Disposable Food Service Ware Accessory (including different types of utensils) or specific type of Standard Condiment is requested by the consumer.
(b) Food Facilities may ask a drive-through consumer if the consumer wants a specific type of Disposable Food Service Ware Accessory (including different types of utensils), if the item is necessary for the consumer to consume Prepared Food or to prevent spills of or safely transport Prepared Food.
(c) Disposable Food Service Ware Accessories and Standard Condiments in Disposable packaging provided by Food Facilities for use by consumers shall not be bundled or packaged in a manner that prohibits a consumer from taking only the type of Disposable Food Service Ware Accessory (including different types of utensils) or type of Standard Condiment desired without also having to take a different type of Disposable Food Service Ware Accessory or type of Standard Condiment. Food Facilities cannot distribute Disposable Utensils that are bundled or packaged together. Each type of utensil (e.g., fork, spoon, knife, etc.) must be specifically requested by the consumer in order for a Food Facility to provide the item(s).
(d) Nothing in this Chapter shall prohibit a Food Facility from making unwrapped Disposable Food Service Ware Accessories available to a consumer using refillable self-service dispensers that dispense different types of Disposable Food Service Ware Accessories one item at a time to allow for Disposable Food Service Ware Accessories to be obtained.
(e) Nothing in this Chapter shall prohibit a Food Facility from making Standard Condiments available to a consumer using refillable self-service dispensers to allow for Standard Condiments to be obtained. Food Facilities that offer Standard Condiments are encouraged to use bulk dispensers for the condiments rather than condiments packaged for single-use.
(f) Takeout Food Delivery Services shall provide consumers with the option to proactively request the different types of available Disposable Food Service Ware Accessories (including different types of utensils) and the different types of Standard Condiments from a Food Facility serving Prepared Food. The default option on the digital ordering/point-of-sale platforms of Takeout Food Delivery Services shall be that no Disposable Food Service Ware Accessories or Standard Condiments are requested.
(g) Takeout Food Delivery Services shall provide Food Facilities the ability to tailor the digital ordering/point-of-sale platforms so that Food Facilities can customize and itemize the different types of available Disposable Food Service Ware Accessories (including different types of utensils) and the different types of available Standard Condiments for consumers to proactively select.
(h) If a Food Facility uses any Takeout Food Delivery Service, the Food Facility shall customize its menu with an itemized list and/or provide options of the different types of available Disposable Food Service Ware Accessories (including different types of utensils) and the different types of available Standard Condiments for consumers to proactively select. Only those specific types of Disposable Food Service Ware Accessories (including different types of utensils) or specific types of Standard Condiments proactively requested by the consumer shall be provided by the Food Facility. If a consumer does not request any Disposable Food Service Ware Accessories or Standard Condiment, no Disposable Food Service Ware Accessories or Standard Condiment shall be provided by the Food Facility for delivery of Prepared Food. Pursuant to Subsection (c), each type of utensil (e.g., fork, spoon, knife, etc.) offered by the Food Facility shall also be listed individually, unbundled on the menu and provided by the Food Facility for delivery along with the Prepared Food only if requested by the consumer.
5.89.030 Standards and Required Use of Disposable Food Service Ware
(a) No Food Facility shall use Polystyrene-based Disposable Food Service Ware when providing Prepared Food.
(b) Food Facilities shall only provide Disposable straws, stirrers, utensils, and cocktail/toothpicks (and the packaging that these individual items are wrapped in, if any) that are Compostable.
(c) Nothing in this Chapter shall conflict or be construed to conflict with the Americans with Disabilities Act or any other applicable law concerning the rights of individuals with disabilities. In particular, nothing in this Chapter shall restrict, or be construed to restrict, the provision by Food Facilities of Disposable Non-Compostable straws to individuals who may request the use of Disposable Non-Compostable straws to accommodate medical needs or disabilities. Healthcare Facilities may distribute Disposable Non-Compostable straws with or without request by a patient at the discretion of the Healthcare Facility staff based on the physical or medical needs of the patient.
(d) Food Facilities shall use Compostable items for the below Disposable Food Service Ware when providing Prepared Food:
(1) Plates;
(2) Bowls (of all sizes including, but not limited to soup and salad bowls);
(3) Cups (of all sizes including, but not limited to beverage and accessory cups for Standard Condiments);
(4) Food trays and food boats;
(5) Boxes; and
(6) Hinged or lidded containers (e.g., clamshells), deli containers, and other containers used for the sale and/or distribution of Prepared Food.
(e) Commencing on the effective date of this Chapter up until December 31, 2022, for the Compostable Disposable Food Service Ware listed in Subsection (d), Food Facilities shall use items that meet Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) Restrictions. To verify the PFAS Restrictions, Food Facilities shall use items that are certifiedor approved by independent third parties approved by the County Manager or designee, in collaboration with local waste processors and haulers, as required.
(f) For all other Disposable Food Service Ware not listed in Subsections (b) and (d), Food Facilities shall use only Disposable Food Service Ware that can be composted by the Food Scrap Composting method utilized by the Food Facility and/or accepted for recycling by the Food Facility's recycling collection service, unless a feasible alternative does not exist.
(g) The City shall maintain and make publicly available a list of approved Disposable Food Service Ware sources and/or references to organizations that maintain regularly updated lists of products that meet the requirements detailed in Subsections (a), (b), (d), and (e) of this Section. If a product is not included on the approved lists, the Food Facility wishing to use a product as Disposable Food Service Ware shall establish to the City's satisfaction that the product complies with the requirements detailed in Subsections (a), (b), (d), and (e).
5.89.040 Recordkeeping and Inspection
(a) Food Facilities shall keep complete and accurate record or documents of the below items:
(1) Commencing on April 1, 2021, the purchase of all Disposable Food Service Ware, including Non-Compostable and Compostable items.
(2) The purchase of the acceptable Disposable Food Service Ware evidencing compliance with this Chapter for a minimum period of three years from the date of purchase.
(b) The record shall be made available for inspection at no cost to the City during regular business hours by City or any other entity authorized to enforce this Chapter. Unless an alternative location or method of review is mutually agreed upon, the records or documents shall be made available at the Food Facility address.
(c) The provision of false or incomplete information, records, or documents to the City shall be a violation of this Chapter.
5.89.050 Automatic Exemptions
(a) Prepackaged Food is exempt from the provisions of this Chapter.
(b) Polystyrene coolers and ice chests intended for reuse are exempt from the provisions of this Chapter.
(c) Disposable Food Service Ware that is entirely Aluminum Foil-based is exempt from the provisions of this Chapter.
(d) If the City determines that a reasonably feasible Disposable Food Service Ware that complies with Section 5.89.030 (a), (b), (d), and (e) of this Chapter does not exist, these items will be exempt from the abovementioned provisions of this Chapter until the City determines that a reasonably feasible alternative is available on the market for purchase. The City will maintain and make publicly available a current list of exempted Disposable Food Service Ware
(e) Temporary exemptions due to an emergency are automatic without the submission of a request for an exemption. An emergency is defined as a sudden, unexpected occurrence posing a clear and imminent danger that requires immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. Examples of an emergency include, but are not limited to natural disasters, emergencies due to the release of hazardous materials, emergencies associated with loss of power and/or water, or emergency medical response.
5.89.060 Case-by-Case Consideration of Requests for Hardship Exemption
(a) Grounds for an exemption. An exemption from any of the provisions of this Chapter may be granted by the City upon demonstration by a Food Facility to the satisfaction of the City that strict application of the requirements would cause undue hardship. An "undue hardship" includes, but is not limited to the following:
(1) A situation unique to the Food Facility where a suitable alternative that conforms with the requirements detailed in Section 5.89.030 (a), (b), (d), and (e) does not exist for a specific application.
(2) Imposing the provisions of this Chapter would cause significant economic hardship. "Significant economic hardship" may be based on, but not limited to, demonstrating that suitable Disposable Food Service Ware is not available at a commercially reasonable price and the additional cost associated with providing the Disposable Food Service Ware is particularly burdensome to the Food Facility based on the type of operation(s) affected, the overall size of the business/operation, the number, type and location of its facilities, the impact on the overall financial resources of the Food Facility, and other factors. Reasonable added cost for a suitable item as compared to a similar item that the Food Facility can no longer use shall not by itself constitute adequate grounds to support an exemption for such item. In determining whether a significant economic hardship has been established, the City shall consider the following information: ability of the Food Facility to recover the additional expense by increasing its prices; the availability of tax credits and deductions; outside funding; and other options.
(b) Request for an exemption. A request for an exemption from the requirements of this Chapter shall include all information deemed necessary by the City to render a decision, including but not limited to documentation showing the factual support for the requested exemption. A request for an exemption may be approved by the City, in whole or in part, with or without conditions. The duration of the exemption, if granted, shall also be determined by the City.
5.89.070 Authorization for County Enforcement
In addition to the City's enforcement mechanisms set forth in Title 1 of this code, the City of San Mateo authorizes the County of San Mateo to enforce this chapter of the municipal code, including, without limitation, the authority to act on requests for undue hardship exemptions, hold hearings, issue administrative fines and retain collected fines.
Chapter 5.92 MINIMUM WAGE
5.92.010 DEFINITIONS.
As used in this chapter, the following terms shall have the following meanings:
(a) "Calendar week" shall mean a period of seven consecutive days starting on Sunday.
(b) "City" shall mean the City of San Mateo.
(c) "Employee" shall mean any person who:
(1) In a calendar week performs at least two hours of work within the geographic boundaries of the City for an employer; and
(2) Qualifies as an employee entitled to payment of a minimum wage from any employer under the California Minimum Wage Law, as provided under Section 1197 of the California Labor Code and wage orders published by the State of California Industrial Welfare Commission. Employees shall include learners, as defined by the California Industrial Welfare Commission.
(d) "Employer" shall mean any person (including a natural person, corporation, non-profit corporation, general partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign), who directly or indirectly (including through the services of a temporary services or staffing agency or similar entity) employs or exercises control over the wages, hours or working conditions of any employee.
(e) "Non-profit corporation" shall mean a non-profit corporation, duly organized, validly existing, and in good standing under the laws of the jurisdiction of its incorporation and (if a foreign corporation) in good standing under the laws of the State of California, which corporation has established and maintains valid non-profit status under Section 501 subsection (c)(3) of Title 26 of the United States Internal Revenue Code of 1986, as amended and all rules and regulations promulgated thereunder.
(f) "Minimum wage" shall have the meaning set forth in Section 5.92.020 of this chapter.
5.92.020 Minimum Wage.
(a) Employers shall pay employees no less than the minimum wage for each hour worked within the geographic boundaries of the City.
(1) For employers which are not non-profit corporations, the minimum wage paid shall be as follows:
(2) Beginning January 1, 2017, the minimum wage shall be an hourly rate of $12.00.
(3) Beginning January 1, 2018, the minimum wage shall be an hourly rate of $13.50.
(b) Beginning January 1, 2019, the minimum wage shall be an hourly rate of $15.00.
(1) For employers which are non-profit corporations, the minimum wage rate shall be as follows:
(2) Beginning January 1, 2017, the minimum wage shall be an hourly rate of $10.50.
(3) Beginning January 1, 2018, the minimum wage shall be an hourly rate of $12.00.
(4) Beginning January 1, 2019, the minimum wage shall be an hourly rate of $13.50.
(c) Beginning January 1, 2020, the minimum wage shall be equal to that of the employers which are not non-profit corporations, and shall be subject to the Consumer Price Index increase as described in subsection (d), with the amount of the Minimum Wage increase rounded to the nearest five cents ($.05).
(d) Beginning on January 1, 2020, and each January thereafter, the minimum wage shall increase by an amount equal to the prior year's increase, if any, in the Consumer Price Index (CPI) for San Francisco-Oakland-San Jose as determined by the United States Department of Labor. The change shall be calculated by using the August to August change in the CPI to calculate the annual increase, up to 3.5%, as described in subsection (e). A decrease in the CPI shall not result in a decrease in the minimum wage.
(e) Cost of living increases to the Minimum Wage based on the CPI shall not exceed 3.5% annually. When the actual CPI exceeds the 3.5% cap, the percentage amount in excess of the cap shall be applied to the following year's CPI increase, up to the 3.5% cap. Excess amounts shall be carried over from year to year until the actual CPI and the cap-adjusted CPI are equivalent.
(f) An employee who is a learner, as defined by California Industrial Welfare Commission Order No. 4-2001, shall be paid no less than 85% of the applicable minimum wage for the first 160 hours of employment. Thereafter, the employee shall be paid the applicable minimum wage rate.
(g) An employer may not deduct an amount from wages due an employee on account of any tip or gratuity, or credit the amount or any part thereof, of a tip or gratuity, against, or as a part of, the wages due the employee from the employer.
5.92.030 NOTICE AND POSTING.
(a) By October 1 of each year, the City shall publish and make available to employers a bulletin announcing the adjusted minimum wage rate, to take effect January 1 of the following year. In conjunction with this bulletin, the City shall, by November 1 of each year, publish and make available to employers, in English and other languages as provided in any implementing regulations, a notice suitable for posting by employers in the workplace informing employees of the current minimum wage rate and of their rights under this chapter.
(b) Each employer shall give written notification to each current employee, and to each new employee at time of hire, of his or her rights under this chapter. The notification shall be in English and other languages as provided in any implementing regulations, and shall also be posted prominently in areas at the work site where it will be seen by all employees. Every employer shall also provide each employee, at the time of hire, with the employer's name, address, and telephone number in writing. Failure to post such notice shall constitute a violation of this Municipal Code. The City is authorized to prepare sample notices and employer use of such notices shall constitute compliance with this subsection.
5.92.040 IMPLEMENTATION.
The City may promulgate regulations for the implementation and enforcement of this chapter. Any regulation promulgated by City shall have the force and effect of law and may be relied on by employers, employees and other parties to determine their rights and responsibilities under this chapter. Any regulations may establish procedures for ensuring fair, efficient and cost-effective implementation of this chapter, including supplementary procedures for informing employees of their rights under this chapter, for monitoring employer compliance with this chapter, and for providing administrative hearings or determining whether an employer has violated the requirements of this chapter.
5.92.050 ENFORCEMENT.
(a) Enforcement by the City. The City may take any enforcement action set forth in Title 1 of this Municipal Code to address violations of this chapter.
(b) Private Rights of Action. An employee claiming harm from a violation of this chapter may bring an action against the employer in court to enforce the provisions of this chapter and shall be entitled to all remedies available to correct any violation of this chapter, including, but not limited to, back pay, reinstatement, injunctive relief, or civil penalties as provided herein. An employee who is a prevailing party in an action to enforce this chapter is entitled to an award of reasonable attorney fees, witness fees, and costs.
(c) Remedies.
(1) The remedies for violation of this chapter include, but are not limited to:
(A) Reinstatement, the payment of back wages unlawfully withheld, and payment of an additional sum as a civil penalty in the amount of $50.00 to each employee whose rights under this chapter were violated for each day or portion thereof that the violation occurred or continued, and fines imposed pursuant to other provisions of this code or State law.
(B) Interest on all due and unpaid wages at the rate of interest specified in subsection (b) of Section 3289 of the California Civil Code, which shall accrue from the date that the wages were due and payable as provided in Part 1 (commencing with Section 200) of Division 2 of the California Labor Code, to the date the wages are paid in full.
(C) Reimbursement of the City's administrative costs of enforcement and reasonable attorney fees.
(D) The City may require the employer to pay an additional sum as a civil penalty in the amount of $50.00 to the City for each employee or person whose rights, under this chapter, were violated for each day or portion thereof that the violation occurred or continued, and fines imposed pursuant to other provisions of this code or State law, where there has been a previous violation of this chapter.
(2) The remedies, penalties and procedures provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies, penalties and procedures established by law which may be pursued to address violations of this chapter. Actions taken pursuant to this chapter shall not prejudice or adversely affect any other action, administrative or judicial, that may be brought to abate a violation or to seek compensation for damages suffered.
(d) Retaliation Barred.
(1) An employer shall not discharge, reduce the compensation or otherwise retaliate against any employee for making a complaint to the City, participating in any of the City's proceedings, using any civil remedies to enforce his or her rights, or otherwise asserting his or her rights under this chapter. Within 120 days of an employer being notified of such activity, it shall be unlawful for the employer to discharge any employee who engaged in such activity unless the employer has clear and convincing evidence of just cause for such discharge.
(2) No employer may fund increases in compensation required by this chapter, nor otherwise respond to the requirements of this chapter, by reducing the wage rate paid to any employee, nor by increasing charges to them for parking, meals, uniforms or other items, nor by reducing the citation or other non-wage benefits of any such employee, except to the extent such prohibition would be pre-empted by the Federal Employee Retirement Income Security Act.
(e) Retention of Records. Each employer shall maintain for at least three years for each employee, a record of his or her name, hours worked and pay rate. Each employer shall provide each employee a copy of the records relating to such employee upon the employee's reasonable request.
5.92.060 WAIVER THROUGH COLLECTIVE BARGAINING.
Except for employees in the property services industry (i.e., janitors, landscapers, groundskeepers, and security guards), the provisions of this chapter may be waived in whole or in part with respect to employees covered under a collective bargaining agreement if all of the following circumstances apply:
(a) Both parties to the collective bargaining agreement agree in writing to such waiver in whole or in part; and
(b) The collective bargaining agreement contains provisions which specifically allow waivers of municipal minimum wage rates in excess of the contractually required wage rates for any group or groups of covered employees; and
(c) The entire collective bargaining agreement, including the provisions referred to in subsection (b) above, was negotiated and entered into prior to the date or when such waiver would take effect.
5.92.070 NO PRE-EMPTION OF HIGHER STANDARDS.
The purpose of this chapter is to ensure minimum labor standards. This chapter does not pre-empt or prevent the establishment of superior employment standards (including higher wages) or the expansion of coverage by ordinance, resolution, contract, or any other action of the City. This chapter shall not be construed to limit a discharged employee's right to bring a common law cause of action for wrongful termination.
5.92.080 FEDERAL OR STATE FUNDING.
This chapter shall not be applied to the extent it will cause the loss of any Federal or State funding of City activities.
