§ 29.27.

VIOLATIONS AND ADMINISTRATIVE PENALTIES

a.

Any person who violates any provision of this Article or any rule or regulation adopted pursuant to Section 29.25 may, after being provided notice and an opportunity to be heard, be subject to the following monetary penalties and/or permit penalties.

1.

Establishment Operating Without a Permit from the San Francisco Department of Public Health.

A.

Administrative fine: Up to $1,000 per day of operating without a permit; and

B.

Permit penalty: Revocation, and Massage Establishment location and permittee are ineligible for a new permit from the San Francisco Department of Public Health for 180 days.

C.

Repeat violations: Same penalties as (a)(1)(A) and (a)(1)(B).

2.

Establishment Violating Conditions of California Business and Professions Code Sections 4600-4620 and all Implementing Regulations.

A.

Administrative fine: Up to $1,000 per day of operating without a permit; and

B.

Permit penalty: Massage Establishment location and permittee are ineligible for a permit from the San Francisco Department of Public Health for 180 days.

C.

Repeat violations: Same penalties as (a)(3)(A) and (a)(3)(B).

3.

Massage Establishment Employing Underage Practitioner as Defined in Section 29.17.

A.

Administrative fine: None.

B.

Permit penalty: Mandatory 60-120 days suspension of Massage Establishment permit.

C.

Repeat violations: Revocation for second occurrence within 36 months of first occurrence and Massage Establishment location and permittee are ineligible for a new permit for 180 days.

4.

Solicitation Charges or Convictions, as Defined by California Penal Code Section 647 And/or San Francisco Police Code Section 225, for Anyone Working at Massage Establishment.

A.

Administrative fine: $5,000 to be paid by Massage Establishment permittee; and

B.

Permit penalty: Mandatory 60-120 days suspension of Massage Establishment permit.

C.

Repeat violations: Revocation; Permittee ineligible for a new Massage Establishment permit from the San Francisco Department of Public Health, at any location.

5.

Trafficking Charges or Convictions, as Defined by California Penal Code Section 236.1, for Anyone Working at Massage Establishment.

A.

Administrative fine: None.

B.

Permit penalty: Revocation and Permittee ineligible for a new Massage Establishment permit, at any location.

C.

Repeat violations: Same penalty as (a)(5)(B).

6.

Establishment Knowingly Employing Unlicensed or Uncertified Massage Practitioner or Therapist.

A.

Administrative fine: $1,000 to be paid by Massage Establishment permittee.

B.

Permit penalty: None.

C.

Repeat violations: 15-30 days suspension and up to $2,500 fine for 2nd occurrence within a 24 month period; 30-60 days suspension or permit revocation, and up to $5,000 fine for 3rd occurrence within 24 months.

7.

Establishment Used or Residential Sleeping Purposes, Without Authorization by the City and County of San Francisco Director of Public Health.

A.

Administrative fine: Up to $1,000.

B.

Permit penalty: None.

C.

Repeat violations: 15-30 days suspension and up to $2,500 fine and for 2nd occurrence within 24 months; 30-60 days suspension and up to $5,000 fine for 3rd occurrence within 24 months.

8.

Presence of Beds Instead of Massage Tables.

A.

Administrative fine: None.

B.

Permit penalty: Notice of violation only.

C.

Repeat violations: Up to $1,000 fine for 2nd occurrence within 24 months; 15-30 day suspension and up to $2,500 fine and for 3rd occurrence within 24 months.

9.

Massage Practitioner Not Wearing Attire as Described in Section 29.12(i).

A.

Administrative fine: Up to $250 per person to be paid by Massage Establishment permittee; and,

B.

Permit penalty: Notice of violation.

C.

Repeat violations: Up to $500 fine for 2nd and each subsequent occurrence and 60 day suspension for practitioner and 60 day suspension per person for Massage Establishment permit.

10.

Sanitation Issues, Pursuant to Section 29.12(f).

A.

Administrative fine: None.

B.

Permit penalty: Notice of violation.

C.

Repeat violations: Up to $250 fine and 60 days suspension for Massage Establishment permit.

11.

Massage Establishment Operating Past 10 p.m.

A.

Administrative fine: Up to $1,000.

B.

Permit penalty: None.

C.

Repeat violations: 15-30 days suspension and up to $2,500 for 2nd occurrence within 24 months; 30-60 days suspension and up to $5,000 fine for 3rd and each subsequent occurrence within 24 months.

12.

Practicing Massage Without a Permit.

A.

Administrative fine: $250 fine.

B.

Permit penalty: None.

C.

Repeat violations: $500 fine for 2nd occurrence within 24 months;  $1,000 fine for 3rd and each subsequent occurrence within 24 months, and Practitioner ineligible for San Francisco Department of Public Health permit for 180 days.

13.

Anyone Performing Sex Acts as Defined in Section 29.12(h) on Massage Establishment Premises During Business Hours.

A.

Administrative fine: $1,000 to be paid by Massage Establishment permittee, and

B.

Permit penalty: 60 day permit suspension of Massage Establishment permit.

C.

Repeat violations: Permit revocation of both practitioner and Massage Establishment permittee.

14.

Failure to Post Notices as Required by Section 29.12(l).

A.

Administrative fine: Written warning for first violation, $250 for second violation within 12 months.

B.

Permit Penalty: 30 day suspension for third and subsequent violations within 24 months.

15.

All Other Violations of San Francisco Health Code Article 29, and Any Massage Program Rules and Regulations.

A.

Administrative fine: Up to $1,000; and

B.

Permit penalty: suspension or revocation.

C.

Repeat violations: $2,500 for the second violation in a 24-month period; $5,000 for the third and subsequent violations in a 24-month period; and suspension or revocation.

b.

Written notice of each violation shall be provided to the owner(s) of the property upon which the Massage Establishment is located.

c.

Administrative fines collected under this Section shall be used to support the Department of Public Health and its Health Code enforcement functions.

d.

Nothing in this Section shall preclude the prosecution of anyone under Health Code Section 29.29, the laws of the State of California or the laws of the United States of America.

History

(Added as Sec. 1928 by Ord. 269-03, File No. 030995, App. 12/5/2003; amended by Ord. 140-09, File No. 090403, App. 7/2/2009; redesignated and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; amended by Ord. 266-13, File No. 130789, App. 11/27/2013, Eff. 12/27/2013)

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