This section shall apply to the issuance or renewal of any permit issued pursuant to this chapter.
A. Permit application. An application for a permit shall be filed on a form provided by the city, shall be signed and submitted under penalty of perjury, and shall include the appropriate filing fee. A permit application shall include the following information, which must be updated when there is any personnel change to ensure that the city has current information on file at all times relating to the massage business; the owners, operators and managers of the massage business; and all massage therapists who perform massage or who will perform massage for the massage business, as applicable:
1. Legal name of the massage business.
2. Form of business under which the massage business will operate (i.e. corporation, limited liability company, general or limited partnership, sole proprietorship, or any other form).
3. Address of the massage business.
4. Legal name, address and telephone number of the real property owner of the premises at which the massage business will operate, and an executed copy of any lease or rental agreement for the premises.
5. Complete description of all services to be provided by the massage therapists.
6. Legal name of all massage therapists who will perform massage for the massage business, and a copy of their current, valid and authentic CAMTC Certificates. The legal name of any massage therapist hired after the submittal of an application must be reported to the city prior to the massage therapist performing any massage for the massage business.
7. Legal name of all owners, operators and managers of the massage business.
8. Current residential address and telephone number, previous two residential addresses, and current business address and telephone number of all owners, operators and managers of the massage business.
9. Current, valid and authentic driver’s license and/or photo identification card issued by a state or federal government agency, or other photographic identification bearing a bona fide seal by a foreign government, of all owners, operators and managers of the massage business.
10. Date of birth, gender, height, weight, color of hair, and color of eyes of all owners, operators and managers of the massage business.
11. Signed statement by each owner, operator and manager of the massage business who does not possess a current, valid and authentic CAMTC Certificate, authorizing the Police Department to conduct a background check of that individual, and including the following: (i) any and all aliases and fictitious names used by the individual within the last five (5) years; (ii) the individual’s business, occupation and employment history for the last five (5) years; (iii) the inclusive dates of such employment history; (iv) the name and address of any massage business or similar business owned, operated or managed by the individual; and (v) any other information as may be reasonably required to identify the individual and to ensure compliance with all applicable laws, rules and regulations.
12. Signed statement by each owner, operator and manager of the massage business acknowledging the following: (i) all of the information contained in the permit application is true and correct; (ii) all owners, operators and managers are familiar with the requirements of this chapter and all applicable requirements of Title 16 of this municipal code, and shall communicate those requirements to employees of the massage business, and also to patrons of the massage business on inquiry or as called for by specific circumstances; (iii) all owners, operators and on-duty managers are responsible for the massage business and the conduct of all persons who perform massage for the massage business, and ensuring compliance with this chapter and all applicable requirements of Title 16 of this municipal code; (iv) any act or omission of any employee of the massage business constituting a violation of any provision of this chapter and all applicable requirements of Title 16 of this municipal code shall be deemed to be an act or omission of the owner, operator and on-duty manager for purposes of determining whether to suspend or revoke a permit and/or a city business license, or deny the renewal of a permit and/or a city business license; and (v) failure to comply with Business and Professions Code section 4600 et seq., or with any local, state or federal laws, rules or regulations and/or the provisions of this chapter and all applicable requirements of Title 16 of this municipal code may result in the suspension, revocation or non-renewal of a permit and/or a city business license.
13. Proof of insurance provided by an insurance company authorized to do business in the State of California evidencing that the massage business and all massage therapists performing massage for the massage business, are insured under a liability insurance policy providing minimum coverage of two million dollars ($2,000,000) for personal injury or death to any person arising out of or in connection with the operation of any massage business and the performance of massage for the massage business. All massage businesses must comply with the requirements of California Labor Code section 3700 et seq. Such insurance required by this subdivision shall remain in full force and effect at all times throughout the operation of the massage business.
B. Permit renewal application. An annual permit renewal application shall be required for any permit issued pursuant to this chapter. Renewal applications shall be filed on a form provided by the city no later than thirty (30) days prior to the expiration date of an existing permit, shall be signed and submitted under penalty of perjury, and shall include the appropriate renewal filing fee. Renewal applications shall include updated information to the information required under subdivision (a) of this section when there is any personnel change to ensure that the city has current information on file at all times relating to the massage business, the owners, operators and managers, and all massage therapists who perform massage or who will perform massage for the massage business.
C. Approval or denial of permit. The city shall issue a permit or renewal permit, as applicable, upon demonstration of the following:
1. The massage business, the owners, operators and managers, and all massage therapists who perform massage or who will perform massage for the massage business would comply with all applicable laws, including, but not limited to, the city’s building, fire, zoning, land use approvals, business license regulations; applicable Health Department regulations; and all other applicable local, state and federal health, zoning, fire and safety laws, rules, requirements, standards, and regulations, including, but not limited to, the California Building Standards Code and the California Fire Code.
2. The massage business employs or uses only massage therapists to perform massage who possesses a current, valid and authentic CAMTC Certificate.
3. The owners, operators and managers of the massage business have provided all information, documentation, and assurances required by this chapter and all applicable requirements of Title 16 of this municipal code to the city; have not failed to reveal any fact material as to qualification; and have not supplied information that is untrue or misleading as to a material fact pertaining to the qualification criteria.
4. The background check for any owners, operators and managers authorized by this chapter shows that such owners, operators and managers have not been required to register under the provisions of Penal Code section 290 (sex offender registration); have not been convicted of a violation of Penal Code sections 266(h) (pimping), 266(i) (pandering), 314 (indecent exposure), 315 (keeping or residing in a house of ill-fame for the purposes of prostitution or lewdness), 316 (keeping a disorderly house, disturbing the peace for the purposes of assignation or prostitution), 318 (prevailing upon any person to visit a place for prostitution), 647(a) (soliciting prostitution), 653.22 (loitering with intent to commit prostitution), 653.23 (supervision of prostitute), or have not pled nolo contendere or have not been convicted of a violation of any lesser related offense, including, but not limited to, Penal Code section 415, in satisfaction of, or as a substitute for, any of the aforementioned offenses; have not been convicted of any felony drug-related offense involving the controlled substance specified in Health and Safety Code sections 11054, 11055, 11056, 11057 or 11058; have not been convicted of any act involving theft, dishonesty, fraud, deceit or moral turpitude; have 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 aforementioned offenses; have not had an individual or business permit, certificate or license with any agency, board, city, county, territory or state-denied, revoked or suspended within the last ten (10) years; and have not been subject to an injunction for nuisance under Penal Code sections11225 through 11235 (red light abatement) within the last ten (10) years.
(Ord. 565-21, Exhibit A (part), 2021)