(A) A massage therapist who holds a current, valid massage therapist or massage practitioner certification issued by the California Massage Therapy Council may conduct massages pursuant to a home occupation massage permit, so long as he or she complies with the requirements of Chapter 17.80 of this code, secures the necessary business license as required by this code, complies with Title 5 of this code and complies with the requirements of this section.
(B) Any person desiring a home occupation massage permit shall file a written application on the required form with the Chief of Police who shall conduct an investigation. The application shall be accompanied by the appropriate filing fee established by resolution of the City Council. The application shall be completed and signed by the operator of the proposed home occupation massage business. The application for permit does not authorize operation of a home occupation massage business unless and until such permit has been properly granted. The application shall contain or be accompanied by the following information:
(1) The type of ownership of the business; for example, whether by individual, partnership, corporation or otherwise. If the operator is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the state and date of incorporation and the names and residence addresses of each of its current officers and directors and of each stockholder holding more than 5% of the stock of that corporation. If the operator is a partnership, the application shall set forth the name and residence of each of the partners, including limited partners. If the operator is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the Secretary of State. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated persons shall complete and sign all application forms required under this chapter, but only one application fee shall be charged;
(2) The precise name under which the home occupation massage business is to be conducted;
(3) The complete address and all telephone numbers of the home occupation massage business;
(4) A complete current list of the names and residence addresses of all proposed massage therapists who will operate under the home occupation massage business. As indicated in § 17.80.020, there shall be no more than one full-time employee at the residence or dwelling out of which the home occupation massage business is conducted other than the members of the resident family;
(5) A description of any other business operated on the same premises or within the City of Corona or the State of California which is owned or operated by the applicant;
(6) The following personal information concerning the applicant:
(a) Full complete name and all aliases used by the applicant;
(b) Current address and all previous residential addresses for eight years immediately preceding the present address of the applicant;
(c) Acceptable proof that the applicant is at least 18 years of age;
(d) Height, weight, color of hair, eyes and gender;
(e) Two front faced portrait photographs at least two inches by two inches in size;
(f) The applicant's complete business, occupation and employment history for eight years preceding the date of application, including, but not limited to, the massage or similar business history and experience of the applicant;
(g) The complete massage permit history of the applicant; whether such person has ever had any permit or license issued by any agency, board, city, county, territory or state; the date of issuance of such a permit or license; whether the permit or license was denied, revoked or suspended; and the reason therefore;
(h) All criminal convictions, including pleas of nolo contendre, within the last ten years, including those dismissed or expunged pursuant to Penal Code § 1203.4, but excluding minor traffic violations, and the date and place of each such conviction and reason therefore;
(i) A complete set of fingerprints taken by the Police Department for any person who has not previously provided their set of fingerprints to the city as part of the original application or any renewal application;
(7) The name and address of the owner and lessor 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 residence or dwelling out of which the home occupation massage business is conducted will be located on his or her property;
(8) Authorization for the city, its agents and employees to seek verification of the information contained in the application;
(9) Such other identification and information as the Chief of Police may require in order to discover the truth of the matters therein specified and as required to be set forth in the application;
(10) A statement in writing and dated by the applicant that he or she certifies under penalty of perjury that all information contained in the application is true and correct;
(11) Statements in writing and dated by the applicant certifying under penalty of perjury that he or she:
(a) Has received a copy of this chapter;
(b) Understands its contents; and
(c) Understands the duties of an operator as provided in this chapter;
(12) If, during the term of a permit, the permit holder has any change in information submitted on the original or renewal application, the permit holder shall notify the Police Department of such change within ten business days thereafter, in writing.
(C) Upon receipt of a written application for a permit, the Chief of Police shall conduct an investigation to ascertain whether such permit should be issued as requested. The Chief of Police shall, within 60 days of receipt of an application, approve, conditionally approve or deny the application. The 60 day period may be extended for up to 30 additional days, if necessary, to complete the investigation. The Chief of Police shall issue such permit as requested, unless he or she makes any of the following findings:
(1) The operator, if an individual, or any of the officers or directors of the corporation, if the operator is a corporation; or a partner, if the operator is a partnership, or any person directly engaged or employed in the massage establishment, has within eight years preceding the date of the application:
(a) Been convicted of a violation of California Penal Code §§ 266(h), 266(i), 314, 315, 316, 318, 647(a) or (b) or any other provision of law pursuant to which a person is required to register under the provisions of Penal Code § 290, or when the prosecution accepted a plea of guilty or nolo contendre to a charge of a violation of California Penal Code § 415 or any lesser included or lesser related offense, in satisfaction of, or as a substitute of, any of the previously listed crimes;
(b) Been convicted of a violation of Health and Safety Code § 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code §§ 11054, 11055, 11056, 11057 or 11058;
(c) Been convicted of any offense in any other state which is the equivalent of any of the above-mentioned offenses;
(d) Been engaged in conduct in another jurisdiction which, if it had occurred within the city, would constitute grounds for denial, suspension or revocation under this chapter;
(e) Been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to California Penal Code §§ 11225 through 11235 or any similar provisions of law in a jurisdiction outside the State of California;
(f) Engaged in conduct which would constitute an offense as described in subsection (a);
(g) Committed an act in another jurisdiction which, if committed in this state, would have been a violation of law and which, if done by an operator under this chapter, would be grounds for denial, suspension or revocation of the permit;
(h) Been convicted of an act involving dishonesty, fraud, deceit or moral turpitude or an act of violence, which act or acts are related to the qualifications, functions or duties of the operator;
(i) The operator has had a license or permit to operate a massage establishment or provide massage services denied, suspended or revoked for cause by a licensing authority, including the California Massage Therapy Council or by any city, county or state;
(2) The operator has made a false, misleading or fraudulent statement or omission of fact to the city in the permit application process;
(3) The application does not contain all of the information required by this section;
(4) The operator has not satisfied the requirements of this chapter in the time specified;
(D) If the application is denied for failure to comply with subsections (C)(2) or (C)(3) above, the operator may not reapply for a period of six months from the date the application was denied.
(E) Operators of home occupation massage businesses shall comply with the following conditions and any other conditions specified by the Chief of Police.
(1) Location of massages. A home occupation massage business operator shall fully comply with the provisions of Chapter 17.80 of this code, including, but not limited to, the following:
(a) The home occupation massage business shall be a use which is purely incidental and secondary to principal use of the dwelling as a residence;
(b) No more than one full-time employee shall be employed other than the members of the resident family;
(c) No material or mechanical equipment shall be used which is not recognized as being part of normal household or hobby use;
(d) No sales of products or services not produced on the premises shall be conducted;
(e) The use shall not generate pedestrian or vehicular traffic beyond that normal to the zone in which the dwelling is located; and
(f) No signs or structures other than those permitted in the zone in which the dwelling is located shall be permitted.
(2) Prohibited massage areas. Except to the extent required in writing by a state licensed medical practitioner, no massage therapist or other person shall massage the genitals or anus of any patron or the breast(s) of any female patron, nor shall any operator or manager of a home occupation massage business allow or permit such massage. No home occupation massage business operator, while performing any task or service associated with the massage business, shall be present in any room with another person unless the person's genitals, anus or, in the case of a female, her breast(s), are fully covered.
(3) Name of massage business. No home occupation massage business shall use any name or conduct business under any designation not specified in the home occupation massage permit granted pursuant to this chapter.
(4) Display of permits and identification cards. The home occupation massage business operator shall ensure that, at all times while conducting business for the home occupation massage business, each massage therapist has his or her current, valid massage therapist or massage practitioner certification issued by the California Massage Therapy Council in their possession and wears or has in their possession the identification required by § 5.28.050(A)(28). Such identification shall be provided to city regulatory officials upon demand.
(5) Operator responsibility. The home occupation massage business operator shall be responsible for the conduct of all employees while they are acting on behalf of the business or performing under the home occupation massage permit. Any act or omission of any employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator for purposes of determining whether the home occupation massage permit shall be revoked, suspended, denied or renewed.
(6) Certified massage therapists. No operator shall employ any person to perform or administer massage services who does not have a current, valid massage therapist or massage practitioner certification issued by the California Massage Therapy Council. Every operator shall report to the Chief of Police any change of massage therapists or other employees, whether by new or renewed employment, discharge or termination, on the form and in the manner required by the Chief of Police. The report shall contain the name of the massage therapist or employee and the date of hire or termination. The report shall be submitted to the Chief of Police within five days of the date of hire or termination.
(7) Clothing. All persons employed by the home occupation massage business shall be fully clothed at all times while acting on behalf of the business or performing under the home occupation massage permit. While engaged in performing or administering massage services, massage therapists shall wear clothing that is fully opaque, made of non-transparent material, provides complete covering of their genitals, pubic area, buttocks, anal area and chest area, and does not otherwise violate Penal Code section 314. Massage therapists shall not dress in swim attire unless providing a water-based massage modality approved by the California Massage Therapy Council.
(8) Roster of workers. The operator shall maintain a register of all employees, showing the name, nicknames and aliases used by the employee, home address, age, birth date, gender, height, weight, color of hair and eyes, phone numbers, social security number, date of employment and termination, if any, duties of each employee and a copy of each massage therapist's current, valid massage therapist or massage practitioner certification issued by the California Massage Therapy Council. The above information on each employee shall be maintained in the register on the premises of the dwelling or residence out of which the home occupation massage business is conducted for a period of two years following termination. The operator shall make the register of employees immediately available for inspection upon demand of a representative of the Police Department at all reasonable times.
(9) Conformance with code. The operator shall comply with all provisions of this chapter and any applicable provisions of the Corona Municipal Code.
(10) Inspections and searches. The operator shall consent to the inspection and search of the premises out of which the home occupation massage business is conducted by the city's Building and Safety Division, Code Enforcement Division, Fire and/or Police Departments, as well as the County Health Department, for the purpose of determining that the provisions of this chapter or other applicable laws or regulations are met. The inspections and searches shall include, but shall not be limited to, the records of the business.
(11) Services list. The massage technician shall carry an updated list of services available and the cost of such services and shall provide it to the potential patron for their review. No massage therapist shall offer or perform any service other than those posted.
(12) Lighting. If massages are provided in an enclosed location, the operator shall ensure that each room or enclosure in which a massage is given has lighting and ventilation that complies with the California Building Code. The lighting in each room or enclosure shall be activated at all times while the patron is in such room or enclosure.
(13) Massage tables and chairs. Proper massage tables or massage chairs, which have at least two inch thick foam pads covered with durable, washable plastic or other waterproof material, shall be utilized. Beds, floor mattresses and waterbeds are prohibited.
(14) Sterilizing equipment. Each massage therapist shall provide and maintain at the location where the massage is performed adequate equipment for disinfecting and sterilizing instruments used in massage.
(15) Linen. Common use of towels or linen shall not be permitted. Towels and linen shall be laundered or changed promptly after each use. Separate cabinets or containers shall be provided for the storage of clean and soiled linen.
(16) Alcoholic beverages/drugs. No person shall enter, be in or remain in any place where massages are being performed while in possession of, consuming, using or under the influence of any alcoholic beverage or controlled substance. The massage therapist shall be responsible to ensure that no such person shall enter or remain in the massage area. Service of alcoholic beverages shall not be permitted.
(17) Recordings. No electrical, mechanical or artificial device shall be used by the massage technician, massage technician aide or other person for audio and/or video recording or for monitoring the performance of a massage or the conversation or other sounds in the massage rooms without the knowledge or consent of the patron.
(18) Coverings. The massage therapist shall provide to all patrons clean, sanitary and opaque coverings capable of covering the patrons specified anatomical areas, including the genital area, anus and female breast(s). No common use of such coverings shall be permitted, and re-use is prohibited unless adequately cleaned.
(19) Records of treatment. The operator of the home occupation massage business shall keep a record of the dates and hours of each treatment or service, the name and address of the patron, the name of massage therapist administering such service and a description of the treatment or service rendered. A short medical history form shall be completed by the patron to determine if the patron has any communicable diseases, areas of pain, high blood pressure or any physical condition which may be adversely affected by massage. These records shall be prepared prior to administering any massage or treatment and shall be retained for a period of 24 months after such treatment or service. These records shall be open to inspection upon demand only by officials charged with enforcement of this chapter and for no other purpose. The Police Department shall periodically inspect the records to ensure compliance with this section. The records shall be kept at the premises out of which the home occupation massage business is conducted. The information furnished or secured as a result of any such records should be used only to ensure and enforce compliance with this chapter or any other applicable state or federal laws and shall remain confidential. Any unauthorized disclosure or use of such information by any officer or employee of the city shall constitute a misdemeanor.
(20) Hours of operation. The operator shall ensure that massages are offered only during the times indicated on the application for the home occupation massage permit. No person shall administer a massage pursuant to home occupation massage permit between the hours of 10:00 p.m. and 7:00 a.m. A massage begun any time before 10:00 p.m. must nevertheless terminate at 10:00 p.m. All customers, patrons and visitors shall be advised of these hours.
(21) Advertising. No operator granted a permit under this chapter or any massage therapist operating under the permit shall place, publish or distribute, or cause to be placed, published or distributed, any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective patrons that any service is available other than those services described in this chapter or otherwise permitted by state law. Nor shall any operator or massage technician employ language in the text of such advertising that would reasonably suggest to a prospective patron that any service is available other than those services authorized by this chapter or state law.
(22) Discrimination. No operator or massage therapist may discriminate or exclude patrons on the basis of their race, sex, religion, age, disability or any other classification protected under federal or state laws, rules or regulations.
(`78 Code, § 5.28.080.) (Ord. 3197 § 4, 2015; Ord. 3192 § 1, 2015; Ord. 3191 § 2, 2015; Ord. 3032 § 1 (part), 2010; Ord. 3028 § 1 (part), 2010; Ord. 2995 § 2, 2009; Ord. 2375 § 1, 1999.)