08 Staff Report - Massage Ordinance~pW N OF
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DATE:
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FROM:
MEETING DATE: 09/04/07
ITEM NO:
COUNCIL AGENDA REPORT
August 27, 2007
MAYOR AND TOWN COUNCIL
PAMELA JACOBS, INTERIM TOWN MANAGER
SUBJECT: MASSAGE ORDINANCE
A. INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 14 OF
THE LOS GATOS TOWN CODE REGARDING THE REGULATION OF
MASSAGE THERAPY ESTABLISHMENTS AND MASSAGE THERAPY
PRACTITIONERS
B. ADOPT RESOLUTION AMENDING RESOLUTION 2007-026 CERTAIN
DEPARTMENT FEES, RATES AND CHARGES
RECOMMENDATION:
1. Open and hold the public hearing.
3. Close the public hearing.
4. Direct the Clerk Administrator to read the title of the ordinance (no motion required).
5. Move to waive the reading of the ordinance (motion required).
6. Introduce the ordinance to effectuate the Zoning Code amendment (motion required).
7. Direct the Clerk Administrator to publish the ordinance within 15 days after adoption
(no motion required).
8. Adopt resolution amending resolution 2007-026 certain department fees, rates and charges.
BACKGROUND:
The current ordinance regulating massage therapists was written in 1977, under Town Code
section 29.10.020, under the definition of a "sex studio." Since that time, the Town has
recognized that massage is a legitimate healing art, and placed certain processes in place to
identify massage therapists and establishments, including filling out a short application and
requiring a sponsor letter from a State of California licensed practitioner such as a doctor,
surgeon, chiropractor, acupuncturist, registered nurse, osteopath or physical therapist.
PREPARED BY: Scott R. Seaman, Chief of Police
O:AMASTERACOUNCILATown Council Report Format.doc
Reviewed by: Assistant Town Manager _ 4V Town Attorney
Clerk Administrator Finance Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: INTRODUCTION OF MASSAGE ORDINANCE
AUGUST 27, 2007
The code does not specify that this sponsor had to practice in Town, nor did the therapist have to
work in the same office, just be under the "direct supervision" of the licensed practitioner.
This process provided the Town with only limited ability to oversee/regulate this business.
As a result, inappropriate practices go undetected and illegal activity is difficult to detect or
abate.
DISCUSSION:
Staff reviewed several other municipal codes in other cities and found that Los Gatos is the only
municipality in the county that does not have a comprehensive, detailed ordinance with a specific
process to identify and regulate massage establishments and therapists.
The problem with the current system is that anyone, including businesses with illegitimate
intentions, can easily open a massage establishment in Town and have little or no regular
oversight. Recently, a potentially illegal business opened in Town without the
Town's/Department's knowledge. Without a current massage ordinance, the Police Department
had limited authority to address possible illegal behavior. The business was eventually evicted by
its landlord. In the absence of a current massage ordinance, illegal activity has and could
continue to occur in Los Gatos. Moreover, while preparing the proposed ordinance, staff
identified several massage therapists in Town who had never applied to the Police Department to
practice massage, nor had they paid the required business license tax.
The proposed ordinance is consistent with neighboring cities and industry best practices and will
accomplish several things. It will provide for a comprehensive application process including but
not limited to: documentation of a minimum of 300 hours of course work from a recognized
school of massage therapy; submission of fingerprints for a criminal history check through the
Federal Bureau of Investigation and Department of Justice; providing employment and residence
history; identification of previous denials of a massage permit; payment of fees; and listing any
previous criminal investigation in which they were a party. The ordinance grants the Police Chief
the ability to deny an application for various reasons, including criminal history, falsification of
records or dishonesty in any part of the application process. Finally, the ordinance allows for
inspection of massage establishments by any Town official during business hours to ensure
compliance with the requirements of the Code.
Staff reached out to the massage community in several ways;
• Research was conducted to identify the number of massage therapists and establishments
in Town, using Police Department files, the Internet, the American Massage Therapy
Association, and the local phone book
• Reviewed existing business license files
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: INTRODUCTION OF MASSAGE ORDINANCE
AUGUST 27, 2007
• Surveys were distributed to over 60 therapists in Town with an approximate 70% return
rate
• Personal and phone contact was made with those therapists who chose not to participate
in the survey, in order to verify whether or not they were still practicing in Town
• Two meetings were held with 9 therapists to allow for feedback and input to the proposed
ordinance and process
• Finally, a Powerpoint presentation was e-mailed to several other therapists who could not
make the meetings but who were still very interested in the proposed changes
Staff has been accessible and open to hearing from therapists in Town, providing information
and clarification and fielding questions throughout this process.
CONCLUSION:
This ordinance and process will provide for consistency with other cities in the county and state
and best practices. It allows for a streamlined process, establishes minimum requirements and
provides sanctions for violators. Staff recommends the Town Council approve the ordinance and
amended fee schedule as submitted.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA and no further action is required.
FISCAL IMPACT:
An amendment to the fee schedule is recommended to ensure the Town adheres to it financial
policies that "fees are maintained to provide for cost recovery based upon the cost of providing
services." The proposed fees are intended to cover staff time to process the application, review
pertinent documents, arrange for fingerprints and photographs to be taken and obtain necessary
approvals. Based on estimates of this cost, the fee schedule is recommended as $140 per
therapist for an initial application and $70 for an annual renewal. These fees are lower than the
average in comparison to other cities in the county. Fees in other eight jurisdictions average $176
for the initial fee and $ 110 for renewals. Once the fee is established it will be reviewed annually
and adjusted if necessary to reflect current cost of service delivery. It is difficult to estimate the
exact number of therapists in Town at any one time, but based upon the current approximate
number of massage therapists, this new fees are anticipated to generate additional revenues of
approximately $5,000-$7,500 per year.
Attachments: 1. Ordinance
2. Resolution amending the Fee Schedule
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 14 OF THE
LOS GATOS TOWN CODE REGARDING THE REGULATION OF MASSAGE
THERAPY ESTABLISHMENTS AND MASSAGE THERAPY PRACTITIONERS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Chapter 14 of the Los Gatos Town Code is amended to read as follows:
Sec. 14.110.010. Purpose and intent
(a) Purpose.
(1) In enacting these regulations, the Town of Los Gatos Town Council (hereafter
referred to as "Town Council") recognizes that massage is a viable professional healing
art offering the public valuable health and therapeutic services.
(2) It is the purpose and intent of the Town Council that the operation of Massage
Establishments and persons offering massage be regulated in the interests of public
health, safety, and welfare by providing minimum building, sanitation, and health
standards and to ensure that persons offering massage shall possess the minimum
qualifications necessary to operate such businesses and to perform such services
offered.
(3) It is the purpose and intent of this Article XI to articulate regulations to ensure that
persons offering massage services are qualified and trained and can be expected to
conduct their work in a lawful and professional manner. The Town Council finds that
existing controls have not satisfactorily addressed or regulated police problems, nor
have the existing controls regulated the profession so as to discourage the use of the
profession for objectionable and illegal purposes.
(b) Conflicts with other provisions of this Code. In the event of any conflicts or
inconsistencies between the provisions of this Article XI and the remaining provisions of
this Chapter 14 or with the provisions of any other chapter(s) of the Town Code, the
provisions of this Article XI shall control, unless to do so would be inconsistent with the
stated purpose of this Article XI. Any massage establishment is further regulated
pursuant to Chapter 29 of this Code.
(c) Responsibility for enforcement. The primary responsibility for enforcement of the
provisions of this Article XI shall be vested in the Chief of Police.
ATTACHMENT 1
Sec. 14.110.015. Definitions.
For purposes of this article, the following words, terms and phrases are defined as
follows:
Managing employee means any employee of a Massage Establishment who has been
designated by the holder of the Massage Establishment permit to manage the business
in his/her absence. The Managing Employee may perform massages at the business
only if he/she obtains and maintains in effect a Massage Practitioner permit.
Massage means any method of treating the external parts or surfaces of the human
body by bathing, rubbing, pressing, stroking, pounding, kneading, tapping, vibrating, or
touching or stimulating with the hands or any part of the body, or any instrument.
Massage establishment means any establishment, having a fixed place of business
where any person, firm, association, partnership, corporation, joint venture or a
combination of individuals engages in, conducts, carries on or permits to be engaged in,
conducted or carried on for consideration, massages or health treatments in the Town in
which massages are given in return for compensation of any type; including but not
limited to any hot tub/sauna establishment, personal fitness training center, spa,
gymnasium, athletic facility, health club or office in which massage services are made
available to clients.
Massage therapist means any person, including a non-medical Massage Practitioner
or a certified massage therapist, who performs massage in return for compensation of
any type and who has completed a minimum of three hundred (300) or more verifiable
hours in a resident course of study from a recognized school on the theory, ethics,
history, practice, methods, profession or work of massage, including the study of
anatomy and physiology and hygiene, with at least seventy-five (75) hours of the
required three hundred (300) hours in the areas of demonstration and practice of
massage techniques from a recognized school, that which provides a diploma or
certificate of completion upon successful completion of such resident course of study.
The terms "massage technician" and "massage practitioner" are included within the
definition for purposes of this chapter.
Massage therapist trainee means any person who is defined in "massage therapist"
above, and who has written proof he/she is currently enrolled in a recognized school of
massage and has completed a minimum of fifty (50) hours of instruction from said
recognized school and will be working under the direct supervision of a lawfully
permitted massage therapist as provided in this Article, and will only be conducting
massage therapy on staff or permitted therapists of that establishment, and not
members of the public.
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I
Out-call massage service means any therapist who provides massage services at a
location designated by the customer or client or the Massage Practitioner or the out-call
massage service, other than at the designated approved massage establishment.
Person means any individual, partnership, firm, association, corporation, joint venture
or any other combination of individuals for the purpose of doing business.
Police chief means the Los Gatos/Monte Sereno Police Chief or his or her designee.
Recognized school means any school or institution of higher learning which has been
approved pursuant to California Education Code Section 94300 et seq. or other
applicable state law or regulations of California or another state, or any public school
recognized by the International Massage Association Inc., Associated Body worker and
Massage Professionals Inc., American Massage Therapy Association Inc, National
Certification Board of Therapeutic Massage, or other recognized association which
requires a resident course of study of a minimum of three hundred (300) verifiable hours
on the theory, ethics, history, practice, methods, profession or work of massage,
including the study of anatomy and physiology and hygiene, with at least seventy-five
(75) hours of the required three hundred (300) hours in the areas of demonstration and
practice of massage techniques, and which provides a diploma or certificate of
completion upon successful completion of such course of study.
Schools offering correspondence course(s) not requiring actual attendance of class
shall not be deemed a recognized school. The Town shall have the right to confirm the
fact that the applicant has actually attended classes in a recognized school for the
aforementioned minimum time period.
Sec. 14.110.020. Exemptions.
The provisions of this chapter shall not apply to:
(a) Physicians, surgeons, chiropractors, acupuncturists, osteopaths, registered
nurses, physical therapists or other health professionals who are duly licensed to
practice their respective professions under the laws of the State of California.
(b) Barbers or cosmetologists who are duly licensed under the laws of the State
of California while performing massage within the scope of their licenses.
(c) Persons administering massages or health treatments involving massage to
other persons who are participating in a recreational or special event that has been
approved by the Town, provided that the following conditions are met:
(1) The massage services are made available equally to all participants in the
event;
(2) The event is open to participation by the general public or a significant
segment of the public;
(3) The massage services are provided during the event in an open
environment at the site of the event;
(4) The sponsors of the event have approved the provision of massage services
at the event; and
(5) The persons providing the massage services are in compliance with all
applicable Town Codes and other laws.
Sec. 14.110.025. Permit requirements for Massage Establishments, Managing
Employees and Massage Practitioners.
(a) Massage Establishment permits. No person shall establish, operate or
maintain a Massage Establishment within Town limits without first obtaining from the
Police Chief, and maintaining in effect, a Massage Establishment permit. It is unlawful to
operate, establish or maintain a Massage Establishment while the Massage
Establishment permit issued for such business has been suspended or revoked or has
expired.
(b) Managing Employee permit. No person shall act as the Managing
Employee for a Massage Establishment within Town limits unless he/she has obtained
a Managing Employee permit from the Police Chief. It is unlawful for any person to act
as the Managing Employee of a Massage Establishment while his/her Managing
Employee permit has been suspended or revoked, or has expired.
(c) Massage Practitioner permit. No person shall practice massage or give
massages in return for compensation of any type within Town limits without obtaining
from the Police Chief and maintaining in effect a Massage Practitioner permit. It is
unlawful for any person to practice massage or give massages in return for
compensation while his/her Massage Practitioner permit has been suspended or
revoked, or has expired. A person who obtains a Massage Establishment permit, or a
Managing Employee permit and plans to personally give massages at the business
shall also apply for and obtain a Massage Practitioner permit.
Sec. 14.110.030. Educational requirements for Massage Practitioners, and holders
of Massage Establishment permits, and Managing Employee permits.
(a) General educational requirements. Except as indicated below, all applicants
for a Massage Establishment permit, Managing Employee permit or Massage
Practitioner permit must meet the following educational standards in order to qualify for
such permit, at the discretion of the Chief of Police:
(1) Possession of a diploma or certificate of completion from a recognized
school which shows satisfactory completion of a resident course of study of a minimum
of three hundred (300) verifiable hours on the theory, ethics, history, practice, and/or
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methods of massage therapy, including the study of anatomy, physiology and hygiene,
with at least seventy-five (75) hours of the required three hundred (300) hours in the
areas of demonstration and practice of massage techniques; or
(2) Possession of a diploma or certificate of completion from a recognized
school or public school showing satisfactory completion of a minimum of three hundred
(300) verifiable hours of a non-repetitive curriculum which covers the subjects described
in subsection 1 above, and a transcript or transcripts from a college or junior or
community college in the State of California, or a college or junior or community college
in another state from which courses would be acceptable for transfer credit to any
college in the California State University and College System, which shows completion,
with a passing grade or better, of at least eight (8) quarter units or six (6) semester units
of courses in health theory, health care, anatomy, physiology, psychology, bio-
mechanics or kinesiology; or
(3) Degrees, certificates, diplomas, and course work received at other
institutions, American or foreign, shall be accepted only if such institution is approved by
an education agency in that state or country and the curriculum or course of studies
meets the criteria set out by this code. Course
descriptions, school catalogs or bulletins may be required by the department to
substantiate the curriculum.
(b) Exemptions from educational requirements. The following persons are
exempt from the educational requirements set forth in subsection (a) above:
(1) Applicants for a Massage Establishment permit or Managing Employee
permit who sign a declaration under penalty of perjury that they will not personally give
massages at the Massage Establishment; or
(2) Holders of Massage Establishment business licenses and Massage
Practitioner business licenses issued by the Town before the effective date of this article
shall have a period of one (1) year from the effective date of this article to satisfy the
educational requirements set forth in subsection (a) above.
Sec. 14.110.035. Applications for Massage Establishment permits, Managing
Employee permits, and Massage Practitioner permits.
(a) Submission of application. All persons who wish to obtain a Massage
Establishment permit, Managing Employee permit, or Massage Practitioner permit from
the Town shall file a written application with the Police Chief on a form provided by the
Town, which contains the following information:
(1) The full name, including any nicknames or other names used presently or in the
past, and the present address and phone number of the applicant;
(2) The applicant's two (2) most recent addresses within the last seven (7) years, and
the dates of residence at each address;
(3) Proof the applicant is over eighteen (18) years of age;
(4) The applicant's height, weight and colors of eyes and hair;
(5) The applicant's driver's license and/or California I.D. number (if any) and social
security number;
(6) The applicant's two (2) most recent employers within the last seven (7) years,
including their names, addresses and phone numbers, and the position held by the
applicant;
(7) The names and addresses of any massage facility or other businesses involving
massage by which the applicant has been employed, or self-employed as a Massage
Practitioner, within the past ten (10) years;
(8) Any criminal conviction on the part of the applicant for offenses other than traffic
violations within the ten (10) years preceding the date of the application;
(9) Any criminal charges pending against the applicant at the time of the application,
other than traffic citations, the name and location of the court in which the criminal
charges are pending and the applicable case numbers;
(10) Whether the applicant has ever had a license, certificate or permit related to the
practice of massage, or the operation of a Massage Establishment, or other business
involving the practice of massage, suspended or revoked within the ten (10) years
preceding the date of the application, the dates and reasons for any such suspensions
or revocations, and the name and location of the jurisdiction or public agency which
suspended or revoked such license, permit or certificate;
(11) Whether the applicant, including the Massage Establishment, Managing
Employee or Massage Practitioner permit applicant, as a member of a corporation or
partnership, has ever operated or been employed at any business which has been the
subject of an abatement proceeding under the California Red Light Abatement Act
(California Penal Code Sections 11225 through 11325) or any similar laws in other
jurisdictions. If the applicant has previously worked at such a business, he/she should
state on the application the name and address of the business, the dates on which the
applicant was employed at such business, the name and location of the court in which
the abatement action occurred, the applicable case number and the outcome of the
abatement action;
(12) Whether the applicant provided sufficient information to the Town's satisfaction
that they meet the educational requirements set forth in section 14.110.030 (except in
cases involving applications for Massage Establishment permits, or Managing
Employee permits, when the applicant has filed a statement under penalty of perjury
that he/she will not personally give massages at the Massage Establishment);
(13) Whether the applicant has previously applied to the Town for a Massage
Establishment permit, Managing Employee permit, or Massage Practitioner permit, the
date of the previous application and any other name(s) under which the application was
made;
(14) In the case of an application for a Massage Establishment permit or Managing
Employee permit, the proposed name and address of the Massage Establishment,
together with the name and address of any other massage business operated or
managed by the applicant or in which the applicant has or had a business interest,
within the ten (10) years preceding the date of the application;
(15) The name and address of the owner 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
acknowledgment from the owner of the property that a Massage Establishment will be
located on his/her property.
(16) Proof of malpractice insurance in the sum of not less than one hundred thousand
dollars ($100,000.00) per massage therapist licensed, or to be licensed, at the Massage
Establishment up to a maximum of five hundred thousand dollars ($500,000.00); this
requirement can be satisfied by malpractice insurance being provided in the name of
individual Massage Practitioner or establishment.
(17) In the case of an application for a Massage Establishment permit or Managing
Employee permit, whether the applicant intends to personally provide massage services
at the business;
(18) Written authorization for the Town, its agents and employees, to seek information
and to conduct an investigation into the truth of the statements set forth in the
application and into the background of the applicant and the Managing Employee,
(19) The applicant shall advise the Town in writing of any change of address or change
in fact(s) represented to Town which may occur during the Town's processing of the
application for a Massage Establishment permit; and
(20) A statement under penalty of perjury that the applicant has not knowingly and with
the intent to deceive made any false, misleading or fraudulent statements or omissions
of fact in his/her application or any other documents required by the Town to be
submitted with the application.
(b) Other required information. Applicants for Massage Establishment permits,
Managing Employee permits and Massage Practitioner permits shall also submit the
following information to the Police Chief at the time of their application:
(1) A birth certificate or other legal documentation that verifies the identity of the
applicant and verifies that the applicant is over eighteen (18) years of age;
(2) A diploma, certificate of completion, transcripts from each school or institution from
which the Massage Practitioner has obtained training or other written proof acceptable
to the Police Chief that the applicant has met the educational requirements set forth in
section 14.110.030. Diplomas, certificates of completion and transcripts shall indicate
the number of hours or training received by the certificate holder.
In the case of applications for a Massage Establishment permit or Managing Employee
permit only, the applicant may, if applicable, submit to the Police Chief with his/her
application a written statement under penalty of perjury that he/she will not personally
give massages at the Massage Establishment;
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(3) Other related information requested by the Police Chief in order to evaluate the
background and qualifications of the applicant for the permit sought. This may include
information or documentation to indicate whether the Massage Establishment or
Massage Practitioner is affiliated with or a member of any recognized national or state
massage therapy association or organization.
(c) Payment of permit fees. At the time of filing an original application for a
Massage Establishment permit, Managing Employee permit or Massage Practitioner
permit, applicants shall pay Massage Establishment permit fees, Managing Employee
permit fees or Massage Practitioner's permit fees (as applicable) in an amount
established by a resolution of the Town Council. All fees shall be non-refundable. If an
applicant for a Massage Establishment permit or Managing Employee permit is
simultaneously applying for a Massage Practitioner permit because he/she intends to
give massages at his/her business, the Town shall not charge any additional fees
related to the Massage Practitioner permit.
(d) Processing of application and investigation. Upon receipt of an application
for a Massage Establishment permit, Managing Employee permit or Massage
Practitioner permit, the Police Chief shall review the application and supplementary
material. If it is clear from the face of the application and supplementary materials that
the applicant is not qualified for a permit, or the application is incomplete, the application
may be denied without further investigation. If it appears from the face of the application
and supplementary material that the applicant may be eligible for the permit sought, the
Police Chief shall verify the information submitted by the applicant and shall further
investigate the qualifications of the applicant as follows:
(1) Photographs/fingerprints/review of criminal history. The Police Chief shall either
require two (2) passport style photographs and/or take a recent photograph of the
applicant. Applicant shall also be responsible for submitting fingerprints pursuant to
"Livescan" procedures and pay all costs associated with such submittal. The applicant's
fingerprints will then be submitted to the Department of Justice (DOJ) and the Federal
Bureau of Investigation (FBI) for evaluation. Upon receipt of the report from the
Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI), the police
chief shall review the criminal history (if any) of the applicant.
(2) Investigation of location and premises of Massage Establishment or permit. Upon
receipt of an application for a Massage Establishment permit, the Police Chief shall
refer the application to the Town's applicable department's which shall review the
application and, if necessary, inspect the premises to ensure that the operation of the
business at the designated site will comply with the provisions of this article and the
Town's zoning, building and fire safety standards, and any other applicable Town
codes. If a use permit is required for the Massage Establishment the applicant shall
comply with the Town's zoning code.
No home occupation permit shall be issued for a massage establishment or massage
activities.
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(3) Additional investigation. The police chief may conduct additional investigation in a
manner authorized by law when necessary to determine whether the applicant meets
the qualifications for a permit pursuant to this article.
Sec. 14.110.040. Grant or denial of application for Massage Establishment permit,
Managing Employee permit, Massage Practitioner permit.
(a) Time for grant or denial of applications. The Police Chief shall grant or deny
the application for a Massage Establishment permit, Managing Employee permit or
Massage Practitioner permit within thirty (30) calendar days of the applicant's
submission of the application and all required supplementary material. When necessary
to conduct a complete investigation of an application, the Police Chief may extend this
time to a maximum of sixty (60) calendar days. Granting of a permit requires the
massage establishment and/or therapist to be in compliance with Chapter 29 of this
Code.
(b) Grounds for denial of Massage Establishment permit, Managing Employee
permit or Massage Practitioner permit. The Police Chief shall deny an application for a
Massage Establishment, Managing Employee permit or Massage Practitioner permit if
any of the following circumstances exist:
(1) The application is incomplete and/or required supplementary materials are not
submitted on a timely basis;
(2) The applicant does not have the required educational qualifications, unless the
applicant is exempted from these requirements pursuant to section 14.110.030 (b);
(3) The applicant has previously had a Massage Establishment permit, Managing
Employee permit, Massage Practitioner permit or similar license, certificate or permit
revoked by the Town or any other public agency;
(4) The applicant has made a false, misleading or fraudulent statement or omission of
fact in his/her application or other materials submitted with the application;
(5) The applicant, including applicant as a corporation or partnership, or former
employer of the applicant while the applicant was so employed, has been successfully
prosecuted in an abatement proceeding under the California Red Light Abatement Act
(Penal Code Sections 11225 through 11325) or any other similar laws in another
jurisdiction;
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(6) The applicant has been convicted of:
(a) An offense which requires registration pursuant to California Penal Code
Section 290; or a violation of Sections 266(h), 266(1), 311 through 311.7, 314, 315, 316,
318 or 647(b), 647(d), 647(f) 647.1 of the California Penal Code, or equivalent offenses
under the laws of another jurisdiction, including any other State or Country.
(b) A prior offense which involves violation of California Health and Safety Code
Sections 11351 through 11354, 11358 through 11363, 11378 through 11380, or the sale
of controlled substances specified in California Health and Safety Code Sections 11054,
11056, 11057 or 11058, or equivalent offenses under the laws of another jurisdiction,
including any other State or Country.
(c) Any offense involving dishonesty, fraud, deceit or the use of force or
violence upon another person; or
(d) Any offense involving sexual misconduct with children.
(e) For purposes of this section, a plea of "polo contendere" may also serve as
the basis for the denial of a Massage Establishment permit, Massage Practitioner permit
or Managing Employee permit because the above-listed underlying offenses bear a
substantial relationship to the qualifications, functions or duties of a Massage
Establishment.
(7) The operation of the Massage Establishment would violate the Town's zoning,
building or fire regulations, or other provisions of law or the Town Code.
(c) Notice to applicant of grant or denial of application. The Police Chief shall
give written notice to the applicant of the grant or denial of the application for a permit
by certified mail or by personal service. If the application is denied, the notice shall
advise the applicant of the reasons for the denial and of his/her right to appeal the
decision to the Town Manager through the procedures set forth in subsection (d) below.
(d) Appeal of denial of Massage Establishment permit, Managing Employee
permit or Massage Practitioner permit to the Town Manager.
Upon the denial of an application for a Massage Establishment permit, Managing
Employee permit or a Massage Practitioner permit by the Police Chief, the applicant
may appeal to the Town Manager through the following procedures:
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(1) Request for appeal hearing. The applicant shall file a written request for an appeal
hearing, which states the specific grounds on which the decision of the Police Chief to
deny the permit is contested, with the Town Manager's office within ten (10) calendar
days of the personal service of the Police Chief's decision to the applicant at the most
recent home or business address on file with the police department, or within ten (10)
calendar days of service of the Police Chief's decision in the United States mail by
certified mail.
(2) Notice of time and place of hearing. Upon receipt of a timely request for an appeal
hearing, the Town Manager's office shall notify the applicant in writing of the date, time
and place of the hearing before the Town Manager or designee, which shall not be less
than ten (10) calendar days after the service of such written notice on the applicant by
in-person delivery at the most recent home or business address on file with the Town or
ten (10) calendar days after the deposit of the notice in an envelope addressed to the
applicant in the United States mail by certified mail.
(3) Hearing before the Town Manager or designee. At the hearing, both the applicant
and the Police Chief shall have the right to appear and be represented by counsel, and
to present evidence and arguments relevant to the grounds on which the decision to
deny the application is appealed. The burden of proof shall be on the applicant to
demonstrate that he/she meets the qualifications for a Massage Establishment permit,
Managing Employee permit, Massage Practitioner permit and is entitled to the issuance
of such permit.
(4) Decision of the Town Manager or designee. Within ten (10) calendar days of the
hearing, the Town Manager or designee shall issue a written decision, which states
whether the decision of the Police Chief to deny the application is upheld or reversed,
and the reasons for this determination. The decision shall be served upon the applicant
by personal service or by certified mail. The decision of the Town Manager or designee
shall be final.
Sec. 14.110.045. Business license.
It is unlawful for any person, whether an employee or independent contractor of a
massage establishment, to open or operate a Massage Establishment without obtaining
and maintaining in effect a Town business license and paying a business license tax.
Sec. 14.110.050. Operating requirements for Massage Establishments.
Unless otherwise specified herein, all Massage Establishments shall comply with the
following operating requirements.
11
(a) Exterior signs. A recognizable and legible sign should be posted at the main
entrance identifying the business and which clearly identifies the establishment to foot
and/or automobile traffic. An additional "Massage" sign need not be in addition to the
primary business sign. The sign shall be in compliance with Chapter 29 of this Code.
(b) Posting of Massage Establishment permit. A copy of the Massage
Establishment permit shall be posted in a conspicuous place in such a manner that it
can easily be seen by persons entering the Massage Establishment.
(c) Designation of Managing Employee. If the holder of the permit will not
personally manage the business during all hours of operation, he/she shall designate
one (1) or more Managing Employees who shall be in charge of the operation of the
business during his/her absence. If the Managing Employee(s) will personally give
massages at the business, he/she must also obtain a Massage Practitioner permit.
(d) Display of Managing Employee permit. If the holder of the permit has
designated a Managing Employee, the Managing Employee permit issued to this
employee shall be displayed in a conspicuous place on the premises of the Massage
Establishment. Each Managing Employee permit holder shall be issued a photo
identification badge from the Police Department.
(e) Display of Massage Practitioner permit. Every Massage Practitioner
employed by the Massage Establishment shall hold a valid Massage Practitioner permit
issued by the police department. Each Massage Practitioner permit holder shall be
issued a photo identification badge from the police department. The Massage
Practitioner-permit holder shall display the identification badge on his/her person during
business hours, or have the identification badge displayed in plain view.
(f) Dressing/massage room. Clients of the Massage Establishment shall be
furnished with a dressing/massage room, or private area for changing clothes.
Dressing/massage rooms shall be used only by the client and the practitioner at the
same time.
(g) Payment/tips. All massage services shall be paid for in the reception area,
and all tips, if any, shall be paid for in the reception area. Massage Establishments may
utilize a system where tip envelopes are provided in the treatment rooms to be utilized
and deposited by the client in the reception area.
(h) Alcohol prohibited. No alcoholic beverages may be possessed or consumed
on the premises of the Massage Establishment.
(i) No condoms. No condoms shall be kept at the Massage Establishment
unless they are the personal property of persons on-site, and they are for the
individual's personal use outside the business premises.
12
0) Standard of dress. The holder of the Massage Establishment permit,
Managing Employee, Massage Practitioners, and all other employees of the Massage
Establishment shall remain fully clothed at all times while on the premises of the
Massage Establishment. At a minimum, such clothing shall be made of a non-
transparent material and shall not expose the buttocks, genital area or breasts of any
employee or the holder of the permit. Bikini swimsuits and halter tops shall not be
acceptable.
(k) Operating hours. All Massage Establishments shall be closed for business
by no later than 10:00 p.m. and shall open for business no earlier than 6:00 a.m. A
Massage Establishment operating under a Conditional Use Permit (CUP) approved
prior to the enactment of this ordinance may continue to operate under the hours
permitted in the use permit. The Town may set the specific operating hours for each
Massage Establishment through the conditional use permit process. It shall be unlawful
for any Massage Practitioner, or other employee of a Massage Establishment, to give or
practice massage during the hours when the Massage Establishment is closed.
(1) List of services. A list of services available and the cost of such services
shall available in an open public place within the premises, and they shall be described
in readily understandable language. Nothing in this section shall preclude the list of
services to be printed in another language other than English. No owner, operator,
manager, and/or responsible, Managing Employee shall permit, and no Massage
Practitioner shall offer or perform, any service other than those posted.
(m) Records. Every Massage Establishment shall keep a written record of the
date and hour of each service provided; the first and last name of each patron and the
service received; and the first and last name of the Massage Practitioner administering
the service. Said records shall be open to inspection to Town officials, including, but not
limited to the Police Department, code compliance officer and the Town Attorney's
office, which is charged with enforcement of this Article XI. These records may not be
used by the Massage Establishment for any other purpose than as records of service
provided, and unless otherwise required by law, they shall not be provided to third
parties by the Massage Establishment. Said records shall be retained on the premises
of the Massage Establishment business office for a period of not less than three (3)
years.
Sec. 14.110.055. Sanitation requirements/condition of premises.
(a) Required maintenance of Massage Establishments. All premises and
facilities of the Massage Establishments shall be maintained in a clean and sanitary
condition and shall be thoroughly cleaned after each day of operation.
13
The premises and facilities shall meet applicable Code requirements of the
Town, including but not limited to those related to the safety of the structure, adequacy
of the plumbing, heating, ventilating and waterproofing of rooms in which showers,
water or steam baths are used.
(b) Linens. All Massage Establishments shall provide clean, laundered sheets,
towels, and other linens in sufficient quantity for use by their clients. Such linens shall
be laundered after each use and stored in a sanitary manner. No common use of linens
or towels shall be permitted. Heavy white paper may be substituted for sheets on
massage tables, so long as such paper is used only once for each client and is then
discarded into a sanitary receptacle. Sanitary receptacles shall be provided for the
storage of all soiled linens.
(c) Privacy standards for massage rooms, dressing rooms and rest rooms. The
Massage Establishment shall provide doors on all of its dressing rooms and massage
rooms. Non-transparent draw drapes, curtain enclosures or accordion-pleated
enclosures are acceptable in lieu of doors for dressing and massage rooms.
(d) No residential use. No part of the Massage Establishment shall be used for
residential or sleeping purposes. No cooking or food preparation will be allowed on the
premises unless it is within an employee only designated kitchen area.
Sec. 14.110.060. Prohibited acts.
(a) Touching of sexual and genital parts of client during massage. No holder of
a Massage Establishment permit, Managing Employee, Massage Practitioner, or any
other employee of a Massage Establishment shall place either his/her hand or hands
upon, or touch with any part of his/her body, a sexual or genital part of any other person
in the course of a massage, or massage a sexual or genital part of any other person.
Sexual and genital parts shall include the genitals, pubic area, anus or perineum of any
person or the vulva or breast of a female. In the case of breast massage, female clients
shall sign a written consent form, provided by the establishment and/or practitioner prior
to providing breast massage.
(b) Uncovering and exposure of sexual and genital parts before, during or after
massage. No holder of a Massage Establishment permit, Managing Employee,
Massage Practitioner, or other employee of a Massage Establishment shall uncover and
expose the sexual or genital parts, as defined in subsection (a), above, of a client or
themselves in the course of giving a massage, or before or after a massage. This
subsection does not prohibit a client from turning over in the course of a massage, so
long as the Massage Practitioner holds a towel, sheet, blanket or other drape over the
client to protect his/her genital and sexual parts from exposure.
14
Sec. 14.110.065. Out-call massage services.
Any massage therapist who has complied with all applicable provisions of this Article
may provide out-call massage services to clients within the Town of Los Gatos. Such
Massage Practitioners shall maintain their permits upon their persons; or within their
immediate reach, at all times while performing massage in the Town and shall display
these upon the request of any client, police officer or code compliance officer.
Sec. 14.110.070. Transfer of Massage Establishment permit, Managing Employee
permit, Massage Practitioner permit.
No Massage Establishment permit, Managing Employee permit or Massage Practitioner
permit issued pursuant to this article shall be transferred, altered in name, or assigned
in any manner, whether by operation of law or otherwise, from location to location or
from person to person, except that any person possessing a valid Massage Practitioner
permit shall be able to move from one employer to another without filing a new
application or paying a new fee, so long as the permit holder notifies the police chief of
the change in his/her employment within five (5) business days of their move date to the
new location.
Sec. 14.110.075. Expiration and renewal of Massage Establishment permits,
Managing Employee permits, and Massage Practitioner permit; payment of
renewal fee.
(a) All Massage Establishment permits, Managing Employee permits, and
Massage Practitioner permits shall expire annually on the date of their issuance, unless
revoked sooner by the Police Chief. Applications for renewal of a permit must be
submitted to the Police Chief by no later than sixty (60) calendar days before the
expiration of such permit on a form provided by the police department, which shall
require the applicant for renewal to update the information contained in his/her original
application. The applicant must pay the Town a non-refundable renewal fee, in the
amount established by resolution of the Town Council, at the time of filing his/her
application for renewal.
After investigating the application for renewal, the Police Chief may renew the Massage
Establishment permit, Managing Employee permit or Massage Practitioner permit if the
applicant continues to meet the standards for the issuance of a permit, and none of the
grounds for denial of a permit set forth in section 14.110.040 (b) exist. The Police Chief
shall give the applicant for renewal written notice of his/her decision within sixty (60)
calendar days of the submission of the application for renewal to the police department
by personal service of the decision to the applicant at his/her most recent home or
business address on file with the police department or deposit of the decision in the
United States mail by certified mail. If the application is denied, the notice shall state the
specific grounds for the denial and that the applicant may appeal to the Town Manager
through the procedures set forth in section 14.110.040 (7) (d).
15
(b) If the holder of a Massage Establishment permit, Managing Employee permit
or a Massage Practitioner permit does not file a timely application for renewal sixty (60)
calendar days before expiration of the permit), he/she shall be required to file an
application for a new permit pursuant to section 14.110.025 and to pay the applicable
fees.
Sec. 14.110.080. Suspension and revocation of Massage Establishment permits,
Managing Employee permits and Massage Practitioner permits.
(a) Grounds for suspension or revocation of Massage Establishment permit or
Managing Employee permit. The Police Chief may suspend for a period of up to nine
(9) months or revoke a Massage Establishment permit, or Managing Employee permit,
according to procedures set forth in subsection (c) below, if there is probable cause to
believe that:
(1) The permit holder has operated or managed the Massage Establishment in a
manner which violates any provision of this article, or other applicable Town Code
provisions, state or federal law;
(2) The permit holder has committed any offense involving lewdness, indecent
exposure, prostitution, human trafficking or any other offense which would be grounds
for denial of an application for a Massage Establishment permit or Managing Employee
permit pursuant to section 14.110.040 or employees of the Massage Establishment
have committed such offenses in the course of their employment and the permit holder
has permitted them to do so or has failed to prevent them from doing so;
(3) Has made a false or misleading statement or omission of fact on his/her application
for a Massage Establishment permit, Managing Employee permit or for renewal of the
permit, or in any supplementary materials submitted with the application; or
(4) Is operating or managing the Massage Establishment in a manner which poses a
danger to the health and safety of clients and/or the public, or without due regard for
proper sanitation or hygiene.
(b) Grounds for revocation or suspension of Massage Practitioner permit. The
Police Chief may suspend for a period of up to nine (9) months or revoke a Massage
Practitioner permit according to the procedures set forth in subsection
(c), below, if there is probable cause to believe that:
(1) The Massage Practitioner has violated any provision of this article, or other
applicable provisions of the Town Code;
16
(2) The Massage Practitioner has committed any violation of law related to lewdness,
indecent exposure, prostitution, human trafficking or any offense which would be
grounds for denial of an application for a Massage Practitioner permit pursuant to
section 14.110.040;
(3) The Massage Practitioner has made a false or misleading statement or omission of
fact on his/her application for a permit or for renewal of a permit or in any
supplementary materials submitted with such applications; or
(4) The Massage Practitioner has practiced massage in a manner which poses a
danger to the health and safety of clients or the public, or without due regard for proper
sanitation or hygiene.
(d) Procedure for revocation or suspension of Massage Establishment permit,
Managing Employee permit or Massage Practitioner permit.
(1) Notice to holder of permit. Whenever the Police Chief has probable cause to
believe that grounds for the suspension or revocation of a Massage Establishment
permit, Managing Employee permit or Massage Practitioner permit exist, he/she shall
give the holder of the permit written notice of the date, time and place of a hearing to be
held before the Police Chief on whether the permit should be suspended or revoked.
The notice shall state the alleged grounds for the proposed revocation or suspension of
the permit, and the notice shall be served on the holder of the permit personally at the
most recent home or business address on file with the police department or by deposit
of the notice in the United States mail by certified mail. Said notice shall also state that if
no written request for a hearing is timely received, the applicant shall be deemed to
waive its rights to a hearing.
(2) Hearing before Police Chief. The hearing on the revocation or suspension of the
permit shall be held before the Police Chief or his/her designee no less than ten (10)
calendar days after the personal service of the notice to the holder of the permit at the
most recent home or business address on file with the police department, or no less
than ten (10) calendar days after deposit of the notice, addressed to the holder of the
permit or certificate, in the United States mail by certified mail. At the hearing, the
holder of the permit and a representative of the Town shall have the right to appear and
to be represented by counsel, and to present evidence and arguments which are
relevant to a determination of whether grounds for suspension or revocation of the
permit or certificate exist.
(3) Decision of Police Chief. Within ten (10) calendar days after the hearing, the Police
Chief shall issue a written decision which states whether the permit is suspended or
revoked, the length of any suspension, and the factual basis for the decision, and that
the holder of the permit may appeal any suspension or revocation to the Town Manager
through the procedures set forth in paragraph (4), below. The decision of the Police
Chief shall be served on the holder of the permit by personal service at the most recent
home or business address on file with the police department or deposit of the notice,
17
addressed to the holder of the permit, in the United States mail by certified mail. Said
notice shall also state that if no written request for an appeal hearing is timely received,
the applicant shall be deemed to waive its rights to an appeal hearing.
(4) Request for appeal hearing before the Town Manager. The holder of the permit
may appeal the decision of the Police Chief by filing a written request for an appeal
hearing, which states the specific grounds on which the decision of the police chief is
contested, with the Town Manager's office within ten (10) calendar days of the personal
service to the holder of the permit of the Police Chief's decision at the most recent home
or business address on file with the police department, or within ten (10) calendar days
of service of the decision by deposit of the notice, addressed to the holder of the permit,
in the United States mail by certified mail.
(5) Appeal hearing before the Town Manager. Upon receipt of a timely request for an
appeal hearing, the Town Manager's office shall notify the permit holder in writing of the
date, time and place of the hearing before the Town Manager or designee which shall
not be less than ten (10) calendar days after service of such written notice on the permit
holder by personal service at the most recent home or business address on file with the
police department, or ten (10) calendar days after service of the notice by deposit of the
notice, addressed to the holder of the permit or certificate, in the United States mail by
certified mail.
At the hearing, both the holder of the permit and the Police Chief shall have the right to
appear and be represented by counsel and to present evidence and arguments which
are relevant to the grounds for the appeal, as stated in the request for an appeal
hearing. Within ten (10) calendar days of the hearing, the Town Manager or designee
shall issue a written decision that states whether the decision of the Police Chief is
upheld, modified or reversed, and the length of any suspension.
The decision shall be served on the holder of the permit by in-person delivery or by
certified mail. The decision of the Town Manager or designee shall be final.
(6) Effective date of revocation or suspension. Any suspension or revocation of a
permit shall become effective immediately upon the personal service of the written
decision of the Police Chief, or, in the event of an appeal, the Town Manager or
designee, to the holder of the permit at the most recent home or business address on
file with the city, or within five (5) calendar days of the deposit of such decision
addressed to the holder of the permit into the United States mail by certified mail.
(7) Surrender of suspended or revoked Massage Establishment permit, Managing
Employee permit, or Massage Practitioner permit to Police Chief. Upon a written
decision by the Police Chief, or in the event of an appeal, by the Town Manager or
designee, which suspends or revokes a Massage Establishment permit, Managing
Employee permit, or Massage Practitioner permit, the permit shall immediately be
surrendered to the Police Chief. In the case of a suspension, the Police Chief shall
return the permit after the period of suspension has ended.
18
Sec. 14.110.085. Criminal penalties.
Except as specified in section 14.110.060, a violation of any provision of this article is a
misdemeanor and may be prosecuted by the Town in the name of the people of the
State of California. The maximum fine or penalty for any violation of this article shall be
one thousand dollars ($1000.00), or a term of imprisonment in the county jail for a
period not exceeding six (6) months.
Except as otherwise provided, every such person shall be guilty of a separate offense
for each and every day during any portion of which any violation is `committed,
continued or permitted by such person, and shall be punishable accordingly.
Sec. 14.110.090. Inspection by officials.
Any investigating official of the Town of Los Gatos and the County Fire Department
charged with investigating and enforcing compliance with this Article, shall have the
right to enter the Massage Establishment from time to time during regular business
hours for the purpose of making reasonable inspections to observe and enforce
compliance with applicable regulations, laws, codes and the provisions of this Article.
Sec. 14.110.095. Massage Establishment operated in violation of this article
deemed a public nuisance.
Any Massage Establishment which is opened, operated or maintained contrary to the
provisions of this article shall be deemed a public nuisance. In addition to, or in lieu of
any other available legal remedies, the Town Attorney or District Attorney of Santa
Clara County may commence a civil legal action or actions in a court of competent
jurisdiction to abate such nuisance and to enjoin the continued operation and
maintenance of the Massage Establishment in a manner prohibited by this article.
Sec. 14.110.100. Application of this article to preexisting Massage Establishments
and persons holding valid Massage Practitioner business licenses before
effective date of this chapter/one-year time period for holders of preexisting
business licenses to meet new educational requirements.
(a) Except as otherwise provided herein, the provisions of this chapter shall
become applicable to Massage Establishments which lawfully existed in the Town prior
to the effective date of this chapter, and to persons who held valid Massage Practitioner
business license issued by the Town prior to the effective date of this chapter, upon the
expiration of such preexisting Massage Establishment business license and/or Massage
Practitioner business license and/or pursuant to section 14.110.075. In order to renew
such preexisting Massage Establishment business license, the holder of the business
license must file an application for a new permit pursuant to section 14.110.025, pay all
applicable fees and must demonstrate, to the satisfaction of the Police Chief, that
he/she meets all requirements of this chapter, except that holders of preexisting
19
10'
Massage Establishment business license shall have a period of one (1) year from the
effective date of this chapter to meet the new educational requirements set forth in
sections 14.110.025 and 14.110.30, respectively.
SECTION II
In the event that any part of this ordinance is held to be invalid, the invalid part or
parts shall be severed from the remaining portions which shall remain in full force and
effect.
SECTION III
This ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on , 20_ and adopted by the following vote as an
ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the
Town of Los Gatos on 20 This ordinance takes effect 30 days after
it is adopted.
COUNCIL MEMBERS:
AYES-
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA Rev: 6/2/04
20
RESOLUTION NO.
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING RESOLUTION 2007-026 CERTAIN DEPARTMENT FEES,
RATES, AND CHARGES
WHEREAS, that the Town of Los Gatos Financial Policies require anannual evaluation
of the Schedule of Fees and Charges to ensure that recovery of the cost of providing services is
recovered where appropriate, and the last update of fees, rates and charges went into effect July I.
2007,
WHEREAS, that certain fees for the Police Department relating to massage permitting
be amended and adopted,
WHEREAS, that those fees that are currently in effect will continue and remain in
effect without interruption, but shall be increased to reflect increased costs of providing service.
RESOLVED, that Resolution 2007-026 adopting departmental fees, rates, and clean es
is hereby amended,
RESOLVED, that the Police Department Fee Schedule page, attached here to as Exhibit
A shall become effective upon adoption of this resolution.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 4th
day of September. 2007 by the 'following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Barbara Spector, Mike Wasserman, and Mayor Joe
Pirzynski
NAYS: None
ABSENT:
ABSTAIN:
SIGNED: /s/ Mayor Joe Pirzynski
MAYOR OF -I'HE "TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST: /s/ Jackic D. Rose
CLERK OF THE TOWN OF LOS GATOS
LOS GAI'OS., CALIFORNIA
UAA orrest\M assiw,cARP.SOYI[ ES. doc
ATTACH.IIENT 2
POLICE FEES AND FINES
Fingerprinting her each Livescarn application S 25.00
(Plus additional DOJ or FB1 fees Mticlh are based or thelevel of service for the applicatioll)
Report Copies Lip to 20 pages
($0.50 for each page over 20)
Subpoena Duces Tecum
Photojritplas
1. For the. first 3
2. Each additional
Bingo Permits (each)
Concealed \Vcapoas
(California Penal Code, Section 12050.2)
1. Initial Permit plus DOJ fingcrprinting fee
2. Renewal Permit
Solicitor' Pcddlcr's Pennit
(includes permit fee ($36), DOJ pi-ii-it fce (S 32 j;
and LGPD print fee ($25)
Bicycle Licenses (each)
Tow Trucks
1. Driver's Permit (initial) - inchides DOJ
Fingerprinting Fee
2. Driver's Permit (renewal)
3. Service Permit (initial)
4. Service Permit (renewal)
Clearance Letters
1. Each letter
Fortune-Telling Re-istration (cacti)
Administrative Fee for:
Speei,d Events
1. For-Profit Groups (each)
2. Not-For-Profit Groups (each)
3. All Other Costs as specified in Special E\cnts
Ordinance, Section 14.100.045
Other Special Police Services
Pcr California Evidence Code Section 1503
S 48.00
S 5.00
5148.00
S 136.00
S 59.00
S 3.00
S 3.00
S1 ;0.00
S130.00
5444.00
5444.00
S 4S.U()
S 320.00
S517.()()
S 129.00
Pursuant to ,~grecmcnt
between 'Police. Cllici'
and Requcstor
EXHIBIT A
POLICE FEES AND FINES
Administrative Fee For:
Motion Picture/Televisiori/ Commercial Still Photo
1. For-Prolt Groups (each)
S458.00
2. Not-For-Profit Groups (each)
S1 15.00
Local Bookinw, Fees and EmerLency Response Caused by
1. Drinking Drivers
At currentbillin~_y rate
2. Second Response due to Disturbances
Lab Tech Fee (for chemical tests related to dr-Mking clny crs)
S 3S.50
(Possible annual increase as specified by nevv \endor rate)
Horse Drawn Vehicle
1. Application Fee
S101.00
2. Driver's Pcrmit (annual)
S 5100
3. Vehicle Permit & Inspection Fee
S 52.00
4. Amiual Renewal & Inspection Fee
S 52.00
Firearms Dealer's Permit
5596.00
Vehicle Release
S155.00
False Alarm
1. Third False. Alarm S 10 3.00
2. Fourth False Alarm S207.00
3. Fifth False Alarm S310.00
4. Sixth and subsequent alarm service charge shall be increased by 5300.00 per activation.
Vehicle Repossession Release Fee
(Government Code Section 41612)
In-House Booking Fee
Non-Los Gatos Cite Sign Off
Citation issued for failure to display~propriatc
Permit or placard. Dismissal fec in lieu of lull
Bail amount:
1. Handicap CVC22507.8/22500(1)
2. Parking Permits
Massage Permit Fees
1. Initial Application for each "Therapist
2. Annual Renewal for each Therapist
S 15.00
Not to exceed S70.00
S 15.00
S 31.00
S 10.00
5140.00
S 70.00
Fee covers staff time to process application, review pertinent documents arrange for
fingerprints and photograplus to be taken and obtain all necessary approvals.
POLICE FEES AND FINES
Photographs on CD $ 48.0()
Copy of Video Tape $ 48.00
Copy of Audio Tape S 45.00
Town Code Parking Violation Fees
1.
15.40.015 (Overtime Parking)
S
35.00
2.
15.40.065 (Vehicle Storage on Street)
S
60.00
3.
15.40.070 (Commercial Vchiclcs in Residential Zones)
S
60.00
4.
15.40.075 (For Sale/Non Emcrgencv Repair)
S
35.00
5.
15.40.080 (Preferential Parhin~)
S
45.00
6.
15.40.080(b) (Permit Required Area)
S
45.00
7.
15.40.080(c) (Fraudulent use o[ Permit)
S
100.00
8.
15.40.085 (Posted no Parking Special Events)
S
35.00
9.
15.40.090 (Parking on Parkway)
S
35.00
10.
15.40.095 (Marked Parking Space)
S
35.00
11.
15.40. (Parking on Grade)
S
30.00
12.
15.40.105 (Designated Parl:ing VC21507.8)
S-1 8O.00
13.
15.40.1 10 (M asked Curb)
S
1 5.00
California Vehicle Code Parkin(, Violation Fees
1.
21113(a) VC (Public Lot Parking in Permit Area)
S 15.00
2.
22500(b) VC (On Crosswalk)
S 35.00
3.
22500(c) VC (Blocking Dri\ c«a\)
S 35.00
4.
22500(f) VC (On Sidewalk)
S 35.00
5.
22500(1) VC (Double Parking)
S 35.00
6.
225000) VC (In Bus Zone)
5255.00
7.
22500(1) VC (Blocking Curb Access Ramp)
5255.00
8.
22500.1 VC (Blocking Fire Lane)
S 35.00
9.
22502(x) VC (Parallel 1811IRight Cllrb)
S 35.00
10.
22502(e) VC (One Way withhin 1 SM. Left Curl))
S 35.00
IL
22507.8(x) VC (Designated Disabled Pxrkin")
S2SO.00
12.
22507.5(b) VC(Disabled Spacc Inaccessible)
5280.00
13.
22507.8(c)(I-2) VC (On Stafl or Cross Hatch Lines
S28O 00
14.
22514 VC (Within 15 ft of Firc IIydrant)
$ 35.00
15.
22521 VC (Nk'ithin 7ft of Railroad Track)
$ 35.00
16.
22522 VC (Within 3ft Sidcxv ilk Access Ramp)
$250.00
17.
23 333 VC (Vehicular Crossin(-')
$ 72.00
18.
4000(a) VC (Expired Registration)
$1>5.00
Fine if corrected within 21 days of issue date
$ 10.00
19.
5204(x) VC (No Registration Tabs)
$ 76.00
Fine if corrected within 21 davs of issue date
$ 10.00
20.
5200 VC (Missing Licensc Plate)
$ 76.00
Fine if corrected within 2 I days of issuc date
S 10.00
~l
POLICE FEES AND FINES
ParkinjZ Permit Fees
1. Residential Parking Permits
Annual residential parking pen-nit/per vehicle
(Limit - 4 per residence)
Visitor guest passes: Two (2) complimentary
with the purchase of the primary permit
Special Event Permit (one day)-First permit
Each additional (one day)
Replacement permit for vehicle change
(within calendar year)
Lost permit replacement
Damaged permit replacement (with return of permit)
2. Business Parking Permits
Standard Employee monthly
Standard Employee annual
Premium Employee monthly
Premium Employee annual
Lost pen-nit replacement
Damaged permit replacement (with return of pennit)
3. Construction Parking Permit
One day parking permit per construction vehicle
Each additional day per vehicle
S 36.00
$ 10.00
$ 2.00
S 10.00
S 26.00
S 10.00
S 26.00
$207.00
S 36.00
$310.00
$ 31.00
S 16.00
$ 26.00
$ 5.00
3 5