A. When extra massage therapists are required for a one-day special event at a massage therapy establishment permitted to operate in the City pursuant to this Chapter, the permittee shall supply the City with the following information on an application provided by the City:
1. The name of the applicant;
2. The address of the special event;
3. A copy of the massage therapy establishment permit validly issued by the City pursuant to this Chapter;
4. A list of the massage therapists who will be working at the special event;
5. Copies of each massage therapists' diploma or certificate of graduation from a recognized school of massage verifying that the massage therapist has completed at least one hundred (100) hours of massage therapy training;
6. Copies of any validly issued massage therapy license or permit the participating massage therapists may have from other cities;
7. A declaration signed under penalty of perjury by each participating massage therapist that he or she does not have any communicable disease which is capable of being transmitted to clients through the kind of physical contact normally associated with the massage activities described in this Chapter;
8. A declaration signed under penalty of perjury by each participating massage therapist that provides that he or she has not been convicted of any of the following: (a) pandering as set forth in Penal Code Section 266(i), (b) keeping or residing in a house of ill-fame as set forth in Penal Code Section 315, (c) keeping a disorderly house as set forth in Penal Code Section 316, (d) prevailing upon a person to visit a place of illegal gambling or prostitution as set forth in Penal Code Section 318, (e) lewd conduct as set forth in Penal Code Section 647(a), or (f) prostitution activities as set forth in Penal Code Section 647(a) or (b);
9. A declaration signed under penalty of perjury by each participating massage therapist that provides that he or she has not been convicted in any other state of any offense which, if committed or attempted in this state, would have been punishable as one or more of the offenses set forth in Penal Code Sections 266(i), 315, 316, 318 or 647(a) or (b);
10. A declaration signed under penalty of perjury by each participating massage therapist that provides that the applicant is not required to register as a sex offender as set forth in Penal Code Section 290;
11. A declaration signed under penalty of perjury by each participating massage therapist that provides that he or she has not been convicted of any felony offense involving the sale of any controlled substance specified in Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058; and
12. A declaration signed under penalty of perjury by each participating massage therapist that provides that he or she has not been convicted in any other state of any offense which, if committed or attempted in this state, would have been punishable as a felony offense involving the sale of any controlled substance specified in Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058.
B. Each participating massage therapist shall provide the Police Department with the current processing fee and with the authorization to conduct the necessary background investigations to determine the truthfulness and correctness of the information provided by applicant.
C. All of the above information shall be submitted to the City at least seven (7) days prior to the date of the special event.
D. The applicant shall pay an application deposit fee of one hundred dollars ($100.00) for each one (1) day permit at the time of filing an application pursuant to this Section. If additional funds are necessary to cover the above costs, the applicant shall pay such additional costs to the City before further processing of the application may proceed. Any unused portion of the deposit shall be refunded to the applicant.
F. The decision of the City Manager or his/her designee shall be final.
G. Nothing in this Section shall be construed to permit such massage therapists to perform or conduct any massage therapist activities at any other location in the, City at any other time, unless such massage therapist has obtained a validly issued massage therapist permit pursuant to this Chapter.
[Ord. 462, Section 3, 5/9/07.]