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§ 5.24.030 CAMTC CERTIFICATION REQUIRED.
   (A)   It shall be unlawful and a misdemeanor, subject to punishment in accordance with this code, for any person to act as a massage practitioner unless such person holds and maintains a current, valid massage therapist or massage practitioner certification issued by the CAMTC. All massage practitioners shall file a copy of their current, valid massage therapist or massage practitioner certification with the Director.
   (B)   Any person who holds a current, valid permit to administer a massage issued by the city prior to the effective date of this chapter shall have six months from such effective date to comply with this section.
   (C)   In addition to the requirement set forth in division (A), it shall be unlawful for any person who acts as a massage practitioner and is not deemed to be an employee of any massage establishment in or upon any premises within the city to administer a massage within the city without first obtaining a business license issued by the city pursuant to Chapter 5.04 of this code.
   (D)   It shall be unlawful for a massage establishment to employ or retain any person to practice massage therapy for compensation, or to allow any person to perform massage therapy for compensation on the premises of a massage establishment or elsewhere, unless that person is a CAMTC - certified massage professional and is listed on the massage permit issued to the massage establishment.
(Ord. 2011-05 § 8, 2011; Ord. 2016-03 § 2, 2016)
§ 5.24.040 MASSAGE ESTABLISHMENT LICENSE REQUIRED.
   It shall be unlawful for any person to own or operate a massage establishment in or upon any premises within the city without first obtaining a massage establishment license issued by the city pursuant to § 5.24.050 of this chapter. A separate massage establishment license shall be obtained for each separate massage establishment owned or operated by such a person.
(`83 Code, § 5.24.030) (Ord. 97-17 § 2, 1997; Ord. 2011-05 § 8, 2011)
§ 5.24.050 MASSAGE ESTABLISHMENT LICENSEAPPLICATION.
   (A)   Any person who wishes to own or operate a massage establishment in or upon any premises within the city must file an application for a massage establishment license with the Director on a form provided by the Director.
   (B)   The applicant shall submit the following to the Director at the time of application:
      (1)   The full true name under which the business will be conducted. If the name is a fictitious name, all individual owners, stockholders, partners, and the like shall be identified.
      (2)   The exact nature of the massage treatments to be administered, the proposed place of business and facilities, and the name and address of the applicant.
      (3)   A copy of their current, valid massage therapist or massage practitioner certification or two passport-sized (two inches by two inches) color photographs of the applicant taken not more than six months preceding the date of application.
      (4)   A copy of the applicant’s drivers license or other state issued identification card.
      (5)   A copy of their current, valid massage therapist or massage practitioner certification or the applicant’s fingerprints on a form provided by the Monrovia Police Department.
      (6)   The history of the applicant as to the operation of any massage establishment or similar business or occupation within five years immediately preceding the filing of the application. Such information includes, but is not limited to, a statement as to whether or not such person, in previously operating a massage establishment within the state under a permit or license, has had such permit or license revoked or suspended and the reason, thereto.
      (7)   Whether the applicant has been convicted of a specified criminal activity and, if so, the particular statutory section, and the date, place, and jurisdiction of each such conviction.
      (8)   Business, occupation, or employment history of the applicant for the five years preceding the date of the application.
      (9)   (a)   If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence addresses of each of its officers, directors, and each stockholder holding stock in the corporation, along with the amount of stock held.
         (b)   If the applicant is a partnership, the application shall set forth the name and residence addresses of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply.
         (c)   If the applicant is a limited liability company, the name of the company shall be set forth exactly as shown in its articles of organization or operating agreement, together with the names and residence addresses of each of its officers, directors, and each member along with a description of the relative interest of the members.
      (10)   A non-refundable fee, in the amount established by resolution of the City Council, that is used to defray the costs of investigation, reporting, and related application processing procedures.
      (11)   Whether massage practitioners employed by, or performing services for the massage establishment will perform outcall massage services.
   (C)   The Director shall approve and issue a massage establishment license if there are no grounds for denial pursuant to division (D) of this section; otherwise, the application shall be denied. The Director shall give notice of the approval or denial of the license in writing by first class mail within 60 calendar days of the filing of a complete application. If the application is denied, the Director shall attach a statement of reasons for the denial to the notice.
   (D)   The Director shall deny an application for a massage establishment license where any of the following conditions exist:
      (1)   The applicant has made one or more material misstatements in the application.
      (2)   The applicant, or the partners, limited partners, shareholders, members, officers, or the manager of the applicant, or any such individual, is a person who has engaged in disqualifying conduct in the past five years.
      (3)   The massage establishment, as proposed by the applicant, would not comply with all applicable laws.
      (4)   The applicant proposes to employ a person who has engaged in disqualifying conduct in the past five years.
      (5)   The applicant has violated any provision of this chapter, or any similar ordinance, law, rule, or regulation of any other public agency that regulates the operation of massage establishments.
      (6)   The applicant is less than 18 years of age.
   (E)   A massage establishment license shall be valid for a period of one year from the date of issuance.
   (F)   The Development Review Committee shall conduct an annual review of all licensed massage establishments to determine whether such establishments operate in accordance with applicable provisions of this code and other law, including Title 17. The Committee shall review information collected by the Police Department, the Code Enforcement Division and the Planning Division as well as other information available to the city to determine whether the operation of any licensed massage establishment constitutes a public nuisance as defined elsewhere in this code.
(`83 Code, §§ 5.24.040 - 5.24.070) (Ord. 97-17 § 2, 1997; Ord. 2011-05 § 8, 2011; Ord. 2016-03 § 3, 2016)
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