2005 S-05CUPERTINO, CALIFORNIA
Instruction Sheet
2005 S-5 Supplement
City Code Updates for
CITY CLERK - 1
CH~IMBER - 2
CITY COUNCIL OFFICE - 1
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Comprehensive Ordinance List
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7-5-OS
CITY OF CUPERTINO, CALIFORNIA
MUNICIPI~L CODE
2005 S-5 Supplement contains:
Local legislation current through ~~rdinance 1964, passed 6-21-OS
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2.60.010
CHAPTER 2.60: PUBL][C SAFETY COMMISSION
Section
2.60.010 Established.
2.60.020 Term of office.
2.60.030 Vacancy-Removal.
2.60.040 Meetings-Quorum-Officers-Staff.
2.60.050 Compensation-Expenses.
2.60.060 Records.
2.60.070 Duties-Responsibilities.
2.60.080 Effect.
2.60.010 Established.
The Public Safety Commission of the City is
established. The Public Safety Commission shall consist of
five members, all of whom shall reside within the City and
shall be appointed by the City Council. None shall be
officials or employees of the City, members of the Sheriff's
Department of the County, either regular or reserve, nor
shall they be members of the Central Fire Protection
District. No members of the Public Safety Commission
shall cohabit with, as defined by law, nor be related by
blood or marriage to any member of the Commission, the
City Manager or the staff person(s) assigned to this
Commission. (Ord. 1463, (part), 1988; Ord. 1432, 1988;
Ord. 574, § 1, 1973)
2.60.020 Term of Office.
A. Commissioners serve at the pleasure of the Ciry
Council. The term of office of the members of the Public
Safety Commission shall be for four years and shall end on
January 15th of the year their term is due to expire. No
commissioner shall serve more than two consecutive terms
except that a commissioner may serve more than two
consecutive terms if he or she has been appointed to the
Commission to fill an unexpired term of less than two years.
B. The appointment, reappointment and rules
governing incumbent members of the Commission are
governed by Resolution No. 7571 of the Cupertino City
Council. (Ord. 1463, (part), 1988; Ord. 1321, § 1 (part),
1985; Ord. 1166, (part), 1982; Ord. 574, § 2, 1973)
2.60.030 Vacancy-Removal.
Any appointee member may be removed by a majority
vote of the total membership of the City Council.
Vacancies shall be filled by appointment by the City
Council, and shall be for the unexpired portion of the term
of office vacated. (Ord. 574, § 3, 1973)
2.60.040 Meetings-Quorum-Offiicers-Staff.
The Public Safety Commission shall hold regular
meetings at least once every other month, and, at the
discretion of the Commission, such other meetings as may
be necessary or expedient. A majority of the Public Safety
Commission shall constitute a quorum for the purpose of
transacting the business of the Commission. The Public
Safety Commission shall elect a chairperson and avice-
chairperson, both of whom shall serve at the pleasure of the
Commission. Terms of the chairperson and vice-
chairperson shall be for one year and shall begin on January
15th one year and be complete on January 15th the following
year. The City Code Enforcement Officer or whomever
designated by City Manager shall act as secretary of the
Commission. Staff services as required shall be provided to
the Commission by the City Manager. (Ord. 1964, § 1,
2005; Ord. 1321, § 2 (part), 1985; Ord. 1167, (part), 1982;
Ord. 574, § 4, 1973)
2.60.050 Compensation-Expenses.
Members of the Public Safety Commission shall serve
without compensation, but all necessary expenses reasonably
incurred by them while acting in their official capacities
shall be paid by appropriate action of the City Council.
(Ord. 574, § 5, 1973)
2.60.060 Records.
The secretary of the Public Safety Commission shall
keep a record of all proceedings, resolutions, findings,
determinations, and transactions of the Commission, which
records shall be a public record, and a copy of which shall
be filed with the City Clerk. (Ord. 574, § 6, 1973)
2.60.070 Duties-Responsibilities.
The duties and responsibilities of the Public Safety
Commission shall be to:
A. Act in an advisory capacity to the City Council in
all matters pertaining to safety, traffic, police, fire and other
areas wherein the matter of public safety may be of concern;
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2.60.070 Cupertino -Administration and Personnel
B. Hold hearings and formulate policies and
procedures with respect to the foregoing for approval by the
City Council;
C. Perform such other tasks as may be expressly
requested of it by the City Council. (Ord. 574, § 7, 1973)
2.60.080 Effect.
Nothing in this chapter shall be construed as restricting
or curtailing any of the powers of the City Council or City
officers, or the delegation to the Public Safety Commission
of any authority or discretionary powers imposed by law in
such council or officers. The Ciry Council declares that the
public interest, convenience, welfare and necessity require
the appointment of a Public Safety Commission to act in a
purely advisory capacity to such Council, for the purpose
enumerated in this chapter. (Ord. 574, § 8, 1973)
48
2.68.010
CHAPTER 2.68: LI]3RARY COMMISSION
Section
2.68.010 Established.
2.68.020 Term of office.
2.68.030 Vacancy-Removal.
2.68.040 Meetings-Quorum-Officers-Staff
2.68.050 Compensation-Expenses.
2.68.060 Records.
2.68.070 Duties-Powers-Responsibilities.
2.68.080 Effect.
2.68.010 Established.
The Library Commission of the City is established.
The Library Commission shall consist of five members, at
least three of whom must be residents of the City of
Cupertino and none of whom shall be officials or employees
of the City, nor cohabit with, as defined by law, nor be
related by blood or marriage to any member of the
Commission, the City Manager or the staff person(s)
assigned to this Commission. Members of the Library
Commission shall be appointed by the City Council. (Ord.
1464, (part), 1988; Ord. 679, (part), 1975)
2.68.040 Meetings-Quorum-Officers-Staff.
The Library Commission shall hold regular meetings
at least once every other month, and, at the discretion of the
Commission, such other meetings as may be necessary or
expedient. A majority of the Library Commission shall
constitute a quorum for purposes of transacting the business
of the Commission. The Library Commission shall elect a
chairperson and avice-chairperson, both of whom shall
serve at the pleasure of the Commission. Terms of office
for the chairperson and vice-chairperson shall be for one
year and shall begin on January 15th one year and be
complete on January 15th the following year. Staff services
as required shall be provided to the Commission by the City
Manager. (Ord. 1964, § 2, 2005; Ord. 1321, § 2 (part),
1985; Ord. 1167, (part), 1982; Ord. 679, (part), 1975)
2.68.050 Compensation-Expenses.
Members of the Library Commission shall serve
without compensation, but all necessary expenses reasonably
incurred by them while acting in their official capacities
shall be paid by appropriate action of the City Council.
(Ord. 679, (part), 1975)
2.68.020 Term of Office.
A. Commission members serve at the pleasure of the
City Council. The term of office of the members of the
Library Commission shall be for four years and shall end on
January 15th of the year their term is due to expire. No
commissioner shall serve more than two consecutive terms
except that a commissioner may serve more than two
consecutive terms if he or she has been appointed to the
Commission to fill an unexpired term of less than two years.
B. The appointment, reappointment and rules
governing incumbent members of the Commission are
governed by Resolution No. 7571 of the Cupertino City
Council. (Ord. 1464, (part), 1988; Ord. 1321, § 1 (part),
1985; Ord. 1166, (part), 1982; Ord. 679, (part), 1975)
2.68.030 Vacancy-Removal.
Any appointee member may be removed by a majority
vote of the total membership of the City Council. Vacancies
shall be filled by appointment by the City Council, and shall
be for the unexpired portion of the term of office vacated.
(Ord. 679, (part), 1975)
2.68.060 Records.
The Library Commission shall designate one of its
members to act as secretary of the Commission. The
secretary of the Commission shall keep a record of all
proceedings, resolutions, findings, determinations and
transactions of the Commission, which records shall be a
public record, and a copy of which shall be filed with the
City Clerk. (Ord. 679, (part), 1975)
2.68.070 Duties-Powers-Responsibilities.
The Library Commission shall have the following
duties, powers and responsibilities, and such other as they
may be entrusted with by the City Council from time to
time:
A. Consult with the City Council, the City staff and
the Santa Clara County Library Joint Powers Authority and
staff regarding the functioning of the physical facilities of
the Cupertino Library and shall make recommendations
from time to time for improvement or modification thereof;
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2.68.070 Cupertino -Administration and Personnel
B. Consult with the City Council, the City staff and
the Santa Clara County Library Joint Powers Authority and
staff regarding the Cupertino Library programs and services
to the community and shall make recommendations from
time to time for improvements or modifications thereof;
C. Consult with and act as liaison with private
community groups supportive of the library program;
D. Consult with the architect and the City Council in
the planning of any main or branch library building
facilities, including locations, building layout, architecture,
landscaping and furnishings;
E. Hold hearings, formulate policies and make rules
and procedures with respect to the foregoing for approval by
the City Council;
F. Perform such other tasks as may be expressly
requested of it by the City Council. (Ord. 1697, (part),
1995; Ord. 679, (part), 1975)
2.68.080 Effect.
Nothing in this chapter shall be construed as restricting
or curtailing any of the powers of the City Council or City
officers, or the delegation to the Library Commission of any
authority or discretionary powers imposed by law in such
council or officers. The City Council declares that the
public interest, convenience, welfare and necessity require
the appointment of a Library Commission to act in a purely
advisory capacity to such Council, for the purpose
enumerated in this chapter. (Ord. 679, (part), 1975)
52
2.80.010
CHAPTER 2.80: FI1\fE ARTS COMMISSION
Section
2.80.010 Established.
2.80.020 Members-Terms.
2.80.030 Members-Vacancy or removal.
2.80.040 Chairperson.
2.80.050 Meetings-Quorum.
2.80.060 Majority vote required.
2.80.070 Records required.
2.80.080 Powers and functions.
2.80.090 Compensation-Expenses.
2.80.100 Effect.
expiration of a term, it shall be filled by the Ciry Council's
appointment for the unexpired portion of the term. (Ord.
1401, (part), 1987)
2.80.040 Chairperson.
The Commission shall elect its chairperson and vice-
chairperson from among its members and shall appoint a
secretary. Terms of the chair and vice-chair shall be for one
year and shall be complete on January 15th. Upon approval
of the City Council, the City Manager may appoint a
secretary who need not be a member of the Commission.
(Ord. 1401, (part), 1987)
2.80.010 Established.
The Fine Arts Commission of the City is established.
The Fine Arts Commission shall consist of five members,
none of whom shall be officials or employees of the Ciry,
nor cohabit with as defined by law, nor be related by blood
or marriage to any member of the Commission, the City
Manager or the staff person(s) assigned to this Commission.
At least three members shall be City of Cupertino residents.
Members of the Fine Arts Commission shall be appointed by
the City Council. Membership will be drawn to represent
the arts, citizens and business community on an
approximately equal basis. (Ord. 1934, (part), 2004; Ord.
1466, (part), 1988; Ord. 1401, (part), 1987)
2.80.020 Members-Terms.
A. Commissioners serve at the pleasure of the City
Council. The term of office of the members of the Fine
Arts Commission shall be for four years and shall end on
January 15th of the year their term is due to expire. No
commissioner shall serve more than two consecutive terms,
except that a commissioner may serve more than two
consecutive terms if he or she has been appointed to the
Commission to fill an unexpired term of less than two years.
B. The appointment, reappointment and rules
governing incumbent members of the Commission are
governed by Resolution No. 7571 of the Cupertino City
Council. (Ord. 1705, (part), 1995; Ord. 1466, (part), 1988;
Ord. 1401, (part), 1987)
2.80.030 Members-Vacancy or Removal.
Any appointee member may be removed by a majority
vote of the City Council. If a vacancy occurs other than by
2.80.050 Meetings-Quorum.
A. The Fine Arts Commission shall establish a
regular place of meeting and rules of conduct thereof and
shall hold at least one regular meeting every other month.
B. A majority of the Fine Arts Commission shall
constitute a quorum for the purpose of transacting the
business of the Commission. (Ord. 1964, § 3, 2005; Ord.
1401, (part), 1987)
2.80.060 Majority Vote Required.
A majority vote is required to approve a
recommendation on any matter that is presented to the
Commission which requires a vote. (Ord. 1401, (part),
1987)
2.80.070 Records Required.
The Commission shall keep an accurate record of its
proceedings and transactions and shall render such reports
to the City Council as may be required. (Ord. 1401, (part),
1987)
2.80.080 Powers and Functions.
A. The powers and functions of the Fine Arts
Commission shall be to foster, encourage and assist the
realization, preservation and advancement of fine arts for
the benefit of the citizens of Cupertino.
B. To fulfill their mission, the Commission may
involve itself in the following activities:
1. Act as a catalyst for the promotion of fine arts
activities;
2. Keep current on potential fine arts activities
which would be available to the community;
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2.80.080 Cupertino -Administration and Personnel
3. Provide liaison between various fine arts
activities;
4. Provide a means for coordination for fine arts
groups or facilities which may exist within the community;
5. Maintain an inventory of facilities available for
related fine arts activities within the community;
6. Provide screening and/or review for fine arts
activities wishing to obtain city funds or utilize public
facilities;
7. Provide information to the community relating to
the arts;
8. Foster the development of public art within the
community;
9. Be vigilant in exploring and advancing the range
of fine arts activities available to the community;
10. Enhance the interaction between arts and
business;
11. Any other activity which may be deemed
appropriate and necessary. (Ord. 1401, (part), 1987)
2.80.090 Compensation-Expenses.
Members of the Fine Arts Commission shall serve
without compensation, but all necessary expenses reasonably
incurred by them while acting in their official capacity shall
be paid by appropriate action of the City Council. (Ord.
1401, (part), 1987)
2.80.100 Effect.
Nothing in this chapter shall be construed as restricting
or curtailing any powers of the City Council or City
officers. (Ord. 1401, (part), 1987)
60
2.92.010
CHAPTER 2.92: BICYCLE PEDESTRIAN COMMISSION
Section
2.92.010 Established-Composition.
2.92.020 Members-Terms.
2.92.030 Members-Vacancy and removal.
2.92.040 Chairperson.
2.92.050 Meetings-Quorum.
2.92.060 Majority vote required.
2.92.070 Records required.
2.92.080 Powers and functions.
2.92.090 Compensation-Expenses.
2.92.100 Procedural rules.
2.92.110 Effect.
2.92.010 Established-Composition.
The Bicycle Pedestrian Commission of the Ciry is
established. The Bicycle Pedestrian Commission shall
consist of five members, none of whom shall be officials or
employees of the City, nor cohabit with as defined by law,
nor be related by blood or marriage to any member of the
Commission, the City Manager or any staff person(s) who
may be assigned by the City Manager to assist this
Commission. Members of the Bicycle Pedestrian
Commission shall be appointed by the City Council. (Ord.
1895, (part), 2002)
2.92.020 Members-Terms.
A. Commissioners serve at the pleasure of the City
Council. The term of office of the members of the Bicycle
Pedestrian Commission shall be for four years and shall end
on January 15th of the year their term is due to expire. No
commissioner shall serve more than two consecutive terms,
except that a commissioner may serve more than two
consecutive terms if he or she has been appointed to the
Commission to fill an unexpired term of less than two years.
B. The appointment, reappointment and rules
governing incumbent members of the Commission are
governed by Resolution No. 7571 of the Cupertino City
Council. (Ord. 1895, (part), 2002)
2.92.030 Members-Vacancy and Removal.
Any appointee member may be removed by a majority
vote of the City Council. If a vacancy occurs other than by
expiration of a term, it shall be filled by the City Council's
appointment for the unexpired portion of the term. (Ord.
1895, (part), 2002)
2.92.040 Chairperson.
The Commission shall elect its chairperson and vice-
chairperson from among its members and shall appoint a
secretary. Terms of the chair and vice-chair shall be for one
year and shall be complete on January 15th. (Ord. 1895,
(Part), 2002)
2.92.050 Meetings-Quorum.
A. The Bicycle Pedestrian Commission shall
establish a regular place of meeting and rules of conduct
thereof and shall hold at least one regular meeting every
other month, unless a regular meeting is cancelled by
direction of the Commission chairperson.
B. A majority of the Bicycle Pedestrian Commission
shall constitute a quorum for the purpose of transacting the
business of the Commission. (Ord. 1964, § 4, 2005; Ord.
1895, (part), 2002)
2.92.060 Majority Vote Required.
A majority vote is required to approve a
recommendation on any matter that is presented to the
Commission that requires a vote. (Ord. 1895, (part), 2002)
2.92.070 Records Required.
The Commission shall keep an accurate record of its
proceedings and transactions and shall render such reports
to the Ciry Council as may be required. (Ord. 1895, (part),
2002)
2.92.080 Powers and Functions.
A. The powers and functions of the Bicycle
Pedestrian Commission shall be to review, monitor and
suggest recommendations for City transportation matters
including, but not limited to, bicycle and pedestrian traffic,
parking, education and recreation within Cupertino.
B. To fulfill their mission, the Commission may
involve itself in the following activities:
1. To monitor and update the bicycle transportation
plan and pedestrian transportation guidelines;
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2.92.080 Cupertino -Administration and Personnel
2 To suggest recommendations, review and monitor
the City's general plan transportation element;
3. To receive public input pertaining to bicycle and
pedestrian transportation and infrastructure issues;
4. To make recommendations regarding the
implementation of roadway and transportation improvements
as it pertains to bicycle and pedestrian needs;
5. To make recommendations regarding the
allocation of funds for capital expenditures relating to
bicycle and pedestrian transportation;
6. Any other activity that may be deemed
appropriate and necessary. (Ord. 1895, (part), 2002)
2.92.090 Compensation-Expenses.
Members of the Bicycle Pedestrian Commission shall
serve without compensation, but all necessary expenses
reasonably incurred by them while acting in their official
capacity shall be paid by appropriate action of the City
Council. (Ord. 1895, (part), 2002)
2.92.100 Procedural Rules.
The Commission may adopt from time to time such
rules of procedure as it may deem necessary to properly
exercise its powers and duties. Such rules shall be kept on
file with the chairperson of the Commission, the Mayor and
the City Clerk, and a copy thereof shall be furnished to any
person on request. (Ord. 1895, (part), 2002)
2.92.110 Effect.
Nothing in this chapter shall be construed as restricting
any powers of the City Council or City officers. (Ord.
1895, (part), 2002)
72
Massage Establishments and Services
Code. The application fee shall be paid at the time the
application is submitted. (Ord. 1875, Exh. A (part), 2001)
9.06.065 Massage Establishment License, Massage
Therapist Permit and Managing
Employee-Expiration and Renewal.
A massage establishment license, massage therapist
permit, and a managing employee permit shall be renewed
every year. A renewal fee will be assessed for each permit
being renewed. Applications for the renewal of
establishment licenses must be submitted to the City
Manager or his/her designee no later than sixty days prior to
the expiration of such license or permit. There shall be no
grace period for a massage establishment license, massage
therapist permit, or managing employee permit should the
aforementioned be allowed to expire. (Ord. 1875, Exh. A
(part), 2001)
9.06.070 Massage Establishment License, Massage
Therapist Permit and Managing
Employee-Grounds for Denial.
A massage establishment license may be denied by the
City Manager if one or more of the following are found:
A. That the applicant made a material misstatement
in the application for a license and/or permit;
B. That the applicant or any officers or directors of
the applicant has been convicted of:
1. An offense which requires registration pursuant
to California Penal Code Section 290, or a violation of Penal
Code Sections 266(I), 311 through 311.7, 314, 315, 316,
318, 647(b) or (d), or equivalent offenses under the laws of
another jurisdiction, even if expunged pursuant to Penal
Code Section 1203.4;
2. A prior offense which involves violation of
California Health and Safety Sections 11351, 11352, 11358
through 11363, 11378 through 11380, 11054, 11056, 11057,
11058, any other violation(s) involving illegal possession for
sale, or sales of a controlled substance, or equivalent
offenses under the laws of another jurisdiction, even if
expunged pursuant to Penal Code Section 1203.4;
3. Any offense involving the use of force or violence
upon another person;
4. Any offense involving sexual misconduct with
children;
5. Any offense involving theft.
C. That the operation of a massage establishment as
proposed by the applicant, if permitted, would not comply
with all applicable laws including but not limited to all City
ordinances and regulations;
D. That the operation of the proposed massage
establishment is likely to be a hindrance to the health,
safety, welfare or interest of the people of the City;
E. That the applicant is lacking in the background
qualifications to conduct a bona fide massage establishment;
9.06.060
F. That the applicant has violated any provision of
this chapter or any similar law, rule or regulation of another
public agency which regulates the operation of massage
establishments. (Ord. 1875, Exh. A (part), 2001)
9.06.080 Massage Establishment Employees-Permit
Requirements.
It is unlawful for any licensed massage establishment
or managing employee to allow any person to perform
massage, bath or health treatment for any compensation
unless the person holds a valid massage therapist permit.
(Ord. 1875, Exh. A (part), 2001)
9.06.110 Massage Therapist Permit-Criteria for
Issuance.
A massage therapist permit shall be issued to a person
who meets the following criteria:
A. Is a member in good standing of a State or
nationally chartered organization devoted to the massage
specialty and therapeutic approach; and
B. Has completed one the following requirements:
1. Five hundred hours of instruction in a massage
specialty and therapeutic approach at a recognized school of
massage;
2. Two hundred fifty hours of such instruction and
an additional five hundred documented hours of practical
experience in a massage specialty and therapeutic approach
in one or a combination of the following:
a. A primary office of and under the direct
supervision of a medical professional licensed by the State
of California, specifically a physician, surgeon,
chiropractor, osteopath, physical therapist or nurse, while
such medical professional is performing activities
encompassed by such license and is physically on the
premises where the massage therapy is being administered;
3. Has taken and successfully passed the National
Certification Board for Therapeutic Massage and Bodywork
or the National Certification Commission for Acupuncture
and Oriental Medicine test module related to Asian
Bodywork Therapy. The applicant must submit a current
certificate with the application to satisfy this criteria. (Ord.
1963, § 1 (part), 2005; Ord. 1875, Exh. A (part), 2001)
9.06.120 Massage Therapist Practical Examination.
The applicant shall take and pass a written test and
practical performance examination administered through a
medical practitioner approved by the City of Cupertino
wherein the applicant has been required to demonstrate a
basic knowledge of anatomy, physiology, hygiene and
massage. If the applicant fails the practical exam, he/she
shall be permitted to retake the exam once, after at least
thirty but no more than sixty days have elapsed from the
date of the first exam, provided that the applicant pays the
applicable exam fees for a second time. Should the
2005 S-5
9.06.120 Cupertino -Health and Sanitation 10
applicant fail the exam a second time, the application shall
be denied, and the applicant shall not be permitted to apply
again for a massage therapist permit for a period of one
year. Applicants, who have taken and successfully passed
the National Certification Board for Therapeutic Massage
and Bodywork or the National Certification Commission for
Acupuncture and Oriental Medicine test module related to
Asian Bodywork Therapy, shall be exempted from the
Massage Therapist Practical Examination. The applicant
must submit a current certificate with the application to be
exempt. (Ord. 1963, § 1 (part), 2005; Ord. 1875, Exh. A
(part), 2001)
9.06.160 Annual Medical Examination for Massage
Therapist.
A. Any person who has been issued a massage
therapist permit shall file with the City Manager each year
within sixty days of the anniversary date of the issuance of
the permit an updated certificate from a medical doctor
stating that the permittee massage therapist has, within sixty
days immediately prior to the filing of the certificate, been
examined and been found to be free of any contagious or
communicable disease set forth in Section 9.06.OSSE.
B. It is unlawful for any person who has neglected,
failed, or refused to file a certificate required by subsection
A of this section to act as a massage therapist. Failure to
submit the required certificate shall be grounds for
revocation of the permit. (Ord. 1875, Exh. A (part), 2001)
9.06.180 Outcall Massage Permit-Application.
An outcall massage permit may be issued only to a
Cupertino-licensed massage therapist. In addition to the
permitting criteria for massage therapist, as required in this
chapter, an applicant must provide a list of all businesses
and residences where the applicant will be performing
outcall massage. The massage therapist must keep the City
Manager or his/her designee, advised in writing of changes
to said list. (Ord. 1875, Exh. A (part), 2001)
9.06.190 Outcall Massage Permit-Criteria.
Outcall massage may be performed only under the
following criteria:
A. Corporate.
1. The massage treatment shall consist of
"corporate" massage only as defined in Section 9.06.020;
2. Outcall "corporate" massage clients shall be
owners and employees of the business at which the massage
therapist will be performing massage.
B. Residential.
1. The massage treatment shall consist of corporate
massage only as defined in Section 9.06.020;
2. "Residential" massage clients must possess a
referral from a licensed chiropractor or physician to the
effect that treatment in a licensed massage establishment is
not recommended. A record of every such referral shall be
obtained and kept by the person rendering the services for a
period of one year from date of referral. Such record shall
show the name and address of the doctor, the date and any
prescription number. (Ord. 1875, Exh. A (part), 2001)
9.06.193 Operating Requirements for Massage
Establishments.
Unless otherwise specified in this chapter, all massage
establishments shall comply with the following operating
requirements:
A. Exterior Signs. A recognizable and legible sign
shall be posted at the main entrance identifying the business
as a massage establishment. In addition, the sign shall
comply with the City sign ordinance.
B. Posting of Massage Establishment License,
Massage Therapist Permit, and Managing Employee Permit.
A copy of the massage establishment license, massage
therapist permit(s), and managing employee permit(s), shall
be posted in a conspicuous place in such a manner that it can
easily be seen by persons entering the establishment.
Passport size photographs shall be affixed to the respective
massage therapist permit(s) and managing employee
permit(s) on display.
C. Designation of Managing Employee. If the
holder of the massage establishment license does not
personally manage the business during all hours of
operation, he/she shall designate one or more managing
employee(s) who shall be in charge of the operation of the
business during his/her absence. If the managing
employee(s) will personally provide massages at the
business, he/she must obtain a massage therapist permit.
D. Posting of Services Available and Fees. A list of
all services available, the price thereof and the length of
time each service shall be performed, shall be posted or
available in a conspicuous place in such a manner that it can
easily be seen by persons entering the establishment. No
other services, other than those posted, shall be provided.
E. Payment/tips. Payment for massage services, and
any tips, shall be paid for at the designated reception area of
the business establishment.
F. Alcohol Prohibited. No alcoholic beverages may
be located on the premises of the massage establishment
while the business is open for the practice of massage.
G. Maintain Written Records. Every massage
establishment shall keep a written record of the date and
hour of each service provided, the name and address of each
patron and the service received, and the name of the
massage therapist administering the service. Such records
shall be open to inspection only by officials of the City
charged with enforcement of this chapter. These records
may not be used for any other purpose than as records of
service provided and may not be provided to other parties by
the massage establishment or service unless otherwise
2005 S-5
11 Massage Establi~;hments and Services 9.06.193
required by law. Such records shall be retained on the
premises of the massage establishment for a period of two
years.
H. Standard of dress for massage establishment
employees. The holder of the massage establishment
permit, massage therapists, managing employees, and all
other employees of the massage establishment shall remain
fully clothed in clean outer garments while on the premises
of the massage establishment. At a minimum such clothing
shall be made of nontransparent material and shall not
expose the buttocks, genital area or breasts of any employee
or permit holder at any time.
I. Operating, Hours. No massage establishment
shall be kept open for business and no massage therapist
shall administer massages after the hour of ten p.m. or
before the hour of seven a.m. Operating hours may be
further restricted by the City Manager pursuant to Section
9.06.200.
J. Mirrors Prohibited. In general, mirrors are
prohibited in rooms where massage are performed;
however, one full length or small mirror may be mounted
vertically to the wall, not less than twenty inches from the
floor.
K. Lighting Required. Massage establishments will
be well-lighted at all times during business hours. Rooms
where massage services are provided will be adequately
lighted when occupied. (Ord. 1875, Exh. A (part), 2001)
9.06.196 Massage Establishment Sanitary
Conditions-Condition of Premises.
A. Required Maintenance of Massage Establishment.
All premises and facilities of the massage establishment shall
be maintained in a clean and sanitary condition and shall be
thoroughly cleaned after each day of operation. The
premises and facilities shall meet applicable code
requirements of the city, including but not limited to those
related to the safety of structures, adequacy of the plumbing,
heating, ventilation, 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 linen 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, provided such paper is used only once for each client
and is then discarded into a sanitary receptacle. Containers
shall be provided for the storage of all soiled linens.
C. Privacy Standards for Massage Rooms, Dressing
Rooms, and Restrooms. Dressing rooms and restrooms may
only be used by clients of the same sex at the same time.
The massage establishment shall provide doors for all
2005 S-5
dressing rooms, and massage rooms. Draw drapes, curtain
enclosures, or accordion-pleated enclosures are acceptable
in lieu of doors for dressing rooms and massage rooms.
(Ord. 1875, Exh. A (part), 2001)
9.06.198 Prohibited Acts.
A. Touching of Sexual and Genital Parts of Client
During Massage. No holder of a massage establishment
license, massage therapist permit, managing employee
permit, 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, or with a mechanical device, 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.
B. Uncovering and Exposure of Sexual and Genital
Parts of Client Before, During or After Massage. No holder
of a massage establishment license, massage therapist
permit, managing employee permit, or any other employee
of a massage establishment shall uncover and expose the
sexual or genital parts of a client or themselves while
engaged in the practice of massage, or before or after a
massage. This subsection does not prohibit a client from
turning over in the course of a massage, provided the
massage therapist holds a towel, sheet, blanket, or other
drape over the client to protect his/her genital and sexual
parts from exposure. If the client exposes the genital area,
the therapist shall immediately direct the client to cover
him/herself. If the client refuses to comply, the massage
therapist shall inform the client that no further massage will
be provided and the client will be asked to leave the
premises. If the client refuses to leave the premises, the
massage therapist must immediately leave the room and
notify the managing employee.
C. Outcall Massage Services. It is unlawful for any
massage establishment or massage therapist to provide
outcall massage services within the City unless it occurs at
the client's residence, and the client possesses a referral
from a licensed chiropractor or physician stating that the
treatment in a licensed massage establishment is not
recommended and the medical reason why it is not
recommended, or at a business establishment in which
clients shall be owners and employees of the business and
the massage treatment consists of a "corporate massage" as
defined in Section 9.06.020. A record of every such
referral shall be obtained and kept by the massage therapist
rendering the service for a period of one year from the date
of referral. Such record shall show the full legal name and
street address of the doctor or chiropractor, the date, and
any prescription number. Massage therapists providing
outcall massage must comply with all provisions of this
chapter.
9.06.198 Cupertino -Health and Sanitation 12
D. Transfer of Massage Establishment License,
Massage Therapist Permit and Managing Employee Permit.
No permit issued pursuant to this chapter shall be transferred
or assigned in any matter, whether by authorization of law
or otherwise, from any location to location or from person
to person, except that a person possessing a massage
therapist permit, issued by the City, 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 City Manager orhis/her designee, in writing, of
the change in his/her employment within five days of such
change. Failure to make this notification within five days
shall be grounds for suspension, revocation, or denial of the
permit. (Ord. 1875, Exh. A (part), 2001)
9.06.230 Inspection by Officials-Premises.
Any and all investigating officials of the City shall
have the right to enter massage establishments from time to
time during regular business hours to make reasonable
inspections to observe and enforce compliance with
building, fire, electrical, plumbing or health regulations,
and to ascertain compliance with the provisions of this
chapter. A warrant shall be obtained whenever required by
law. (Ord. 1875, Exh. A (part), 2001)
9.06.240 Violation-Public Nuisance.
Violations of any provisions of this chapter constitutes
a public nuisance which may be abated pursuant to Chapter
1.09 of the Cupertino Municipal Code. (Ord. 1875, Exh. A
(part), 2001)
9.06.200 Suspension or Revocation-Grounds.
Any license or permit issued under this chapter may be
suspended or revoked by the City Manager for any reason
which would justify the refusal to grant a license or permit
originally. (Ord. 1875, Exh. A (part), 2001)
9.06.210 Suspension or Revocation-Notice-Hearing.
The holder of the license or permit shall be given
prompt notice of revocation or suspension of the license or
permit and shall immediately desist from engaging in the
activity. The notice shall fix a time and place, not less than
five or more than thirty days after service thereof, at which
time the holder of the license or permit may appear before
the City Manager and be granted a hearing upon the merits
of such suspension or revocation. If after such hearing the
license or permit is ordered revoked, the holder shall have
the right to appeal such action to the City Council in
accordance with Section 9.06.220 of this chapter. (Ord.
1875, Exh. A (part), 2001)
9.06.220 Appeals.
Any person whose license or permit has been denied,
suspended or revoked may appeal the administrative decision
of the City Manager, or designated representative, by filing
a written notice of appeal with the City Clerk within five
working days after receipt of notice of the decision. Such
appeal shall be heard by the City Council, which may
affirm, amend or reverse the order, or take other action
deemed appropriate. The Clerk shall give written notice of
the time and place of the hearing to the appellant and any
other person requesting notice. In conducting the hearing,
the City Council shall not be limited by the technical rules
of evidence. Any person requesting an appeal shall pay a
nonrefundable fee set forth in the City fee schedule at the
time of filing the appeal. (Ord. 1875, Exh. A (part), 2001)
9.06.250 Violation-Penalty.
Any person who violates the provisions of this chapter
shall be guilty of a misdemeanor and upon conviction
thereof shall be punished as provided in Chapter 1.12 of the
Cupertino Municipal Code. (Ord. 1875, Exh. A (part),
2001)
9.06.260 Continuing Violations-Alternative Remedies.
Nothing in this chapter shall be deemed to prevent the
City Council from directing the Ciry Attorney to commence
civil action to enjoin the continued violation of any
provisions of this chapter or to abate a nuisance, as an
alternative, or in conjunction with any other civil or criminal
proceedings provided for herein. (Ord. 1875, Exh. A
(part), 2001)
9.06.270 Application to Existing Massage
Establishments and Massage Therapist.
A. The provisions of this chapter shall become
applicable to massage establishments and persons engaged
in the practice of massage which lawfully existed prior to
the effective date of the ordinance codified in this chapter.
B. In order to comply with this chapter, each owner
of a massage establishment shall comply with the provisions
of this chapter within sixty days of the adoption, and each
massage therapist must comply within ninety days of
adoption. (Ord. 1875, Exh. A (part), 2001)
2005 S-5
35 Comprehensi~~e Ordinance List
Ord. No. Ord. No.
1855 Amends § 11.20.030B, all directional 1884 Amends § 11.24.170, parking (11.24)
vehicular stops required at certain 1885 Amends Ch. 2.06, campaign finance
intersections (11.20) (2.06) (Repealed by Ord. 1956)
1856 Amends § 11.08.250, bicycle lanes 1886 Adds §§ 5.32.360, 8.01.170,
designated (11.08) 8.03.035, 8.03.130, 8.05.100,
1857 Amends §§ 11.24.150 and 11.24.170, 8.06.040, 8.09.040 and 16.40.400;
parking restrictions (11.24) amends Ch. 11.32 footnote, Ch. 19.48
1858 (Not passed) and §§ 1.12.010, 5.04.280-5.04.450,
1859 Amends § 11.24.150, parking 5.32.160, 8.01.030, 8.03.010,
restrictions (11.24) 8.03.030, 8.07.100, 8.11.140,
1860 Amends Ch. 19.28, single-family 10.24.080, 10.48.070, 10.60.090,
residential zones (19.28) 11.08.280, 13.04.130(A),
1861 Rezone (Special) 13.04.180(B), 14.12.140, 14.18.020,
1862 Amends § 11.24.160, stopping, 16.04.160, 16.16.070, 16.20.100,
standing and parking--public streets 16.32.080, 16.52.060, 17.32.060,
(11.24) 19.28.050, 19.28.070(A), 19.52.020,
1863 Amends §§ 19.08.030, definitions, and 19.52.060(B), 19.80.030(B)(1)(j),
19.28.060, single-family residential 19.80.040 and 19.100.050(0);
(R-1) homes (19.08, 19.28) renumbers §§ 10.48.012 to be
1864 Amends § 11.08.260, bicycles (11.08) 10.48.070 and 16.52.016 to be
1865 (Number not used) 16.52.060; repeals Ch. 10.25,
1866 Prezone (Special) §§ 1.09.080, 5.32.160, 8.03.040(D),
1867 Authorizes amendment to California 19.28.050(D) and 19.84.050, various
public employees' retirement system provisions (1.12, 5.04, 5.32, 8.01,
contract (Special) 8.03, 8.05, 8.06, 8.07, 8.09, 8.11,
1868 Amends Ch. 19.28, zoning (19.28) 10.24, 10.48, 10.60, 11.08, 11.32,
1869 Adds § 3.25.100, transfer of surplus 13.04, 14.12, 14.18, 16.04, 16.16,
supplies and equipment (3.25) 16.20, 16.32, 16.40, 16.52, 17.32,
1870 Amends § 11.08.250, bicycle lanes 19.28, 19.48, 19.52, 19.80, 19.100)
designated (11.08) 1887 Not used
1871 Amends entirety of Ch. 10.48, 1888 Adds § 3.34.230; amends Ch. 3.34;
community noise control (10.48) renumbers §§ 3.34.190--3.34.230 to
1872 Amends § 11.08.260, bicycle routes be 3.34.180--3.34.220, utility users
designated (11.08) excise tax (3.34)
1873 Amends § 11.08.250, bicycle lanes 1889 Rezone (Special)
designated (11.08) 1890 Rezone (Special)
1874 Amends §§ 2.88.010 and 2.88.020, 1891 Amends §§ 19.08.030 and 19.80.030,
audit committee (2.88) zoning (19.08, 19.80)
1875 Amends entirety of Ch. 9.06, massage 1892 Amends Ch. 2.86, housing committee
establishments and services (9.06) (2.86)
1876 Amends § 11.20.020, vehicular stop 1893 Amends Ch. 3.25, sale of surplus
required at certain intersections supplies and equipment; repeals
(11.20) § 3.25.100 (3.25)
1877 Amends Ch. 2.06, campaign finance 1894 Amends Ch. 19.08, definitions (19.08)
(2.06) (Repealed by Ord. 1956) 1895 Adds Ch. 2.92, Bicycle Pedestrian
1878 Prezone (Special) Commission (2.92)
1879 Prezone (Special) 1896 Adds § 11.34.040, roadway design
1880 Rezone (Special) features, (11.34)
1881 Amends Ch. 2.16, city council 1897 Amends §§ 3.22.020, 3.22.060--
compensation (2.16) 3.22.070, 3.23.020--3.23.050,
1882 Amends § 11.24.170, parking 3.23.100 and 3.23.130, revenue and
limitations (11.24) finance (3.22, 3.23)
1883 Not used
2005 S-4
Cupertino -Comprehensive Ordinance List
36
Ord. No. Ord. No.
1898 Amends § 11.08.270, roller skates and 1933 Rezones certain land (Not codified)
skateboards (11.08) 1934 Amends § 2.80.010, Fine Arts
1899 Rezone (Special) Commission established (2.80)
1900 Repeals and replaces § 3.23.160, 1936 Amends development agreement
public works contract and bidding between city and Vallco International
procedures (3.23) Shopping Center, LLC (Not codified)
1901 Amends Title 19, zoning of dwelling 1940 Amends Ch. 19.100, parking
units regulations; repeals Ch 11.29, on-site
1902 Adoption of interim procedures to parking (11.29, 19.100)
rezone 19 acres of land (Not codified) 1941 Amends § 2.04.010, City Council -
(rescinded by Ord. 1927) regular meetings (2.04)
1903 Amends a contract between the city 1942 Amends. § 2.32.050, Planning
and the state's PERS (Not codified) Commission meetings (2.32)
1904 Amends Title 10, curfew 1943 Amends § 13.04.130, behavior of
1905 Amends Title 16, flood damage persons in parks (13.04)
1906 Home maintenance activities, Title 16 1944 Amends § 16.08.210, grading permits
1907 Amends Title 16, adoption of building -limitations and conditions (16.08)
codes 1945 Amends §§ 9.08.020 - 9.08.040,
1908 Amends Title 16, Mechanical Code 9.08.060 - 9.08.110, weed abatement
1909 Amends Title 16, Plumbing Code (9.08)
1910 Amends Title 16, Electrical Code 1946 Rezones certain land (Not codified)
1911 Repeals old Fire Code provisions in 1947 Modifies development agreement for
Title 16 new retail space, residential units and
1912 Amends Title 2, Disaster Council parking structure (Not codified)
1913 Amends Title 2, Audit Committee 1948 Amends § 18.28.040, application, and
1914 Amends Title 11, parking § 18.28.050, filing and processing
1916 Amends Title 11, skateboarding and (18.28)
rollerskating 1949 Not used
1917 Amends Title 9, massage and 1950 Rezones certain land (Not codified)
occupational therapists 1951 Amends § 2.24.020, payment
1918 Amends Title 10, graffiti procedure (2.24)
1919 Rezones certain land (Not codified) 1952 Amends § 2.04.030, City Council -
1920 Rezones certain land (Not codified) place of meetings (2.04)
1921 Amends §§ 10.48.040, 10.48.051, 1954 Amends Ch. 19.28, single-family
restriction of landscape maintenance residential (R1) zones; repeals
activities (10.48) §§ 19.28.105, 19.28.150, 19.28.160
1922 Amends Ch. 9.18, stormwater and Appendices A, B and C (19.28)
pollution prevention and watershed 1956 Repeals Ch. 2.06 -City Council -
protection (9.18) campaign finance (2.06)
1923 Amends § 9.08.080, notice of report 1958 Amends § 2.04.010, regular meetings
(9.08) (2.04)
1924 Rezones certain land (Not codified) 1959 Rezones certain land (Not codified)
1925 Amends § 14.04.040, street 1960 Repeals Ch. 20.02, general plan
improvement requirements, and 1963 Amends § 9.06.110, massage therapist
§ 18.32.030, subdivision frontage permit-criteria for issuance and
improvements (14.04, 18.32) § 9.06.120, massage therapist practical
1926 Amends Ch. 17.32, temporary signs examination (9.06)
(17.32) 1964 Amends §§ 2.60.040 and 2.68.040,
1927 Rezones certain land; adds meetings-quorum-officers-staff, and
§ 19.28.105 (19.28); rescinds Ord. §§ 2.80.050 and 2.92.050,
1902 meetings-quorum (2.60, 2.68, 2.80,
1928 Rezones certain land (Not codified) 2.92)
1929 Rezones certain land (Not codified)
1930 Amends § 11.24.170, parking (11.24)
2005 S-5