§ 218.1.

MASSAGE ESTABLISHMENTS

a.

Definition. Massage establishments are defined by Section 1900 of the San Francisco Health Code. Any massage establishment shall have first obtained a permit from the Department of Public Health pursuant to Section 1908 of the San Francisco Health Code.

b.

Controls. Massage establishments shall generally be subject to Conditional Use authorization. Certain exceptions to the Conditional Use for accessory use massage are described in subsection (c) below. When considering an application for a conditional use permit pursuant to this subsection, the Planning Commission shall consider, in addition to the criteria listed in Section 303(c), the additional criteria described in Section 303(o).

c.

Exceptions. Certain exceptions would allow a massage use to be “permitted” without a Conditional Use authorization including:

1.

Certain Accessory Use Massage , provided that the massage use is accessory to a principal use and the massage use is accessed by the principal use; and

A.

the principal use is a dwelling unit and the massage use conforms to the requirements of Section 204.1, for accessory uses for dwelling units in R or NC districts; or

B.

the principal use is a tourist hotel, as defined in Section 790.46 of this Code, that contains 100 or more rooms.

C.

the principal use is a large institution as defined in Section 790.50 of this Code, or

D.

the principal use is a hospital or medical center, as defined in Section 790.44 of this Code.

2.

Chair Massage. The only massage service provided is chair massage, such service is visible to the public, and customers are fully-clothed at all times.

3.

California State Certification. A State certified massage establishment, as defined by Section 1900 of the San Francisco Health Code, that is a sole proprietorship, as defined in California Business and Professions Code Section 4612(b)(1), and where the sole proprietor is certified pursuant to the California Business and Professions Code Section 4600 et seq. , or one that employs or uses only persons certified by the state’s Massage Therapy Organization, pursuant to the California Business and Professions Code Section 4600 et seq. , shall be regulated as a “Medical Service” use as defined by Section 790.114 or 890.114 provided that the massage establishment has first obtained a permit from the Department of Public Health pursuant to Section 1908 of the San Francisco Health Code.

d.

Enforcement. Any massage establishment or exempted massage use found to be operating, conducted or maintained contrary to the provisions of this Code shall be found to be operating in violation of the Code and will be subject to enforcement as provided in Section 176. No application or building permit to establish a massage establishment or exempted massage use will be accepted within one year after the subject property if found operating in violation of the provisions of this Code.



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SEC. 218.1. MASSAGE ESTABLISHMENTS.
P P P P P P P P P P P Certain Accessory Massage as defined above in 218.1(c)(1).
P P P P P P P P P P P Chair Massage as defined above in 218.1(c)(2).
C C C C C C C C C C C All other massage. If the massage use does not meet the definition of California State Certification per 218.1(c)(3) or the requirements of 218.1(c)(1) or 218.1(c)(2), above, then the massage use shall obtain a conditional use permit from the Planning Commission, pursuant to Section 303(c), and the additional criteria described in Sections 303(o) and 218.1(b) of this Code.

AMENDMENT HISTORY

History

(Added by Ord. 186-84, App. 5/4/84; amended by Ord. 292-98, App. 10/2/98; Ord. 289-06, File No. 050176, App. 11/20/2006; Ord. 99-08, File No. 080339, App. 6/11/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 139-09, File No. 090402, App. 7/2/2009; Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013)

Section amended in its entirety; Ord. 56-13 , Eff. 4/27/2013.

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