The following provisions shall apply to all massage businesses or establishments.
(A) For the purpose of enforcement of the requirements of this chapter, all owners and operators of the massage business shall be responsible for the conduct of all of its employees, agents, independent contractors or other representatives, while on the premises of the massage business or providing massage therapy.
(B) Notwithstanding the provisions of Cal. Business and Professions Code Ch. 10.5 (commencing with § 4600) of Division 2, as that section may be amended from time to time, the city, or its authorized agent, may:
(1) Require the massage business in its application for a business license, or for the renewal of a business license, to provide information relevant to the activities of the massage business regulated by this chapter;
(2) Make reasonable investigations into the information provided in the application for a business license;
(3) Verify the CMTC certificates of the massage therapists and practitioners employed by the massage business;
(4) Conduct reasonable safety and health inspections of the massage business;
(5) Charge a business licensing fee sufficient to cover the costs of the business licensing activities regulated by this chapter; and
(6) Deny, revoke, restrict or suspend a business license for the following causes:
(a) An employee, agent, independent contractor or other representative of the massage business has committed a violation of this chapter or Cal. Business and Professions Code Ch. 10.5 (commencing with § 4600) of Division 2;
(b) The massage business has provided materially false information in its application for a business license; or
(c) Any other reason allowed by law.
(C) Except as otherwise provided by this chapter, no person granted a business license for a massage business shall operate under any name or conduct the business at any location not specific in the license. If the business name, facilities, and/or location is changed, a new business license shall be obtained.
(D) All owners or operators of a massage business shall be present on the premises at all times when the massage business is open for business and is providing massage therapy, unless such owner or operator designated a “designated manager” to oversee the conduct of all employees, agents, independent contractors, or other representatives of the massage business at all times when the massage business is open for business and is providing massage therapy. The name of the designated manager on duty shall be posted in a conspicuous place in the public area of the massage business.
(E) If an application for a massage business license is denied or revoked for failure to comply with any requirements of this chapter or chapter 5.01 of the Menifee Municipal Code, the applicant may not reapply for a massage business license for a period of one year from the date the application was denied.
(F) In the event a massage business license is revoked, no new massage business license may be issued at the location where the revoked massage business license previously operated for a period of one year.
(G) In addition to compliance with this chapter, massage businesses must comply with Menifee Municipal Code section 5.01.070 Additional License Requirements for Massages Businesses, which, among other things, prohibits the approval of a conditional use permit for a massage business at a location if a conditional use permit for that location was previously revoked in the last five years.
(Ord. 2009-64, passed 11-17-2009; Am. Ord. 2024-388, passed 3-20-2024)