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§ 111.18 REVOCATION AND SUSPENSION OF PERMIT.
   Any permit issued under the provisions of this subchapter shall be summarily and temporarily suspended by the Health Commissioner upon information and belief, or knowledge, that the holder of such permit has violated or failed to comply with any of the provisions concerning operating requirements and facilities set forth in this chapter or has failed to enforce such provisions. Such suspension shall be accomplished by posting a notice thereof on the premises over the place where the permit is posted. Within 24 hours thereafter, a copy of such notice, together with the reasons for the suspension, shall be transmitted to the Chief of Police, the City Building Inspector and the City Planning Commission. The Health Department Administering Officer shall, within ten days after the suspension, hear the matter, giving at least three days’ notice of such hearing to the holder of the permit. The hearing may be continued from time to time at the discretion of the Health Department and, on the conclusion thereof, the Health Department may continue the suspension or may revoke the permit, or may terminate the suspension and reinstate the permit. Revocation or suspension for any reason other than the foregoing shall be accomplished in accordance with the provisions of this chapter.
(Prior Code, § 1123.06) (Ord. 84-7, passed 9-4-1984)
MASSAGE TECHNICIANS
§ 111.30 LICENSE FEE.
   Every individual employed or engaged in business as a massage technician shall pay a license fee of $50 per year.
(Prior Code, § 1123.07) (Ord. 84-7, passed 9-4-1984)
§ 111.31 MASSAGE TECHNICIAN PERMIT.
   (A)   Permit required. No individual shall engage in the business of acting or act as a massage technician unless such individual holds a valid massage technician permit issued by the City Recorder. This section shall not apply to the classes of individuals exempted in § 111.02.
   (B)   Permit fee. Applicants for a permit hereunder shall pay a nonrefundable permit application fee of $100, plus the actual cost of any examination conducted by the Health Department.
   (C)   Application: contents. Any individual desiring to obtain a massage technician permit shall make application under penalty of perjury to the City Recorder, which application shall be submitted in duplicate and shall contain the following information:
      (1)   The full name, date of birth, current residence and business address, and telephone numbers;
      (2)   West Virginia driver’s license number and Social Security number, if any;
      (3)   Any other names or aliases, including nicknames, used within five years immediately prior to the date of filing the application;
      (4)   Each residence and business address for the five years immediately prior to the date of filing the application, and the inclusive dates of each such address;
      (5)   Written proof that the applicant is at least 18 years of age;
      (6)   Height, weight, sex, color of eyes and hair, photograph and finger and thumb prints. Photographs shall be two inches by two inches, showing the head and shoulders in a clear manner and shall have been taken within 60 days prior to the filing of the application;
      (7)   The massage or similar business license or permit history of the applicant; whether such applicant, in previously operating in this or any other city or state, has had a business license or permit revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reason therefor;
      (8)   The business, occupation and employment history of the applicant for the five years immediately preceding the date of the application and the address of each and every location where such business, occupation and employment was engaged in or performed;
      (9)   Any conviction, forfeiture of bond or pleas of nolo contendere upon any criminal violation or city ordinance violation (except minor traffic violations), within a five-year period, and, if so, the place and court in which such conviction, plea or forfeiture was heard, the specific charge and the sentence imposed as a result thereof;
      (10)   The names, current addresses and written statements of at least two reliable property owners of Kanawha County who will certify as to such individual’s good character or business responsibility; or, in lieu of such references, such other available evidence as to the good character or business responsibility of such individual as will enable the Chief of Police to properly evaluate such character or business responsibility;
      (11)   A certificate from a medical doctor, licensed to practice in the State of West Virginia, issued within 30 days immediately prior to the filing of the application, stating that the applicant has been examined and found to be free of any contagious or communicable disease as of the date of such examination. Such contagious or communicable diseases shall include, but not be limited to, all venereal diseases, tuberculosis and other illnesses regulated and serviced by the Kanawha- Charleston Health Department;
      (12)   The business address and all telephone numbers of any massage establishment where the massage is to be practiced, and if other than a massage establishment, the place or places where the applicant will engage in the practice of massage;
      (13)   Such other identification and information necessary to discover the truth of the matters hereinbefore specified as required to be set forth in the application; and
      (14)   Authorization for the county, its agents and employees, to seek information and conduct an investigation into the truth of the statements set forth in the application and qualifications of the applicant for the permit.
(Prior Code, § 1123.08) (Ord. 84-7, passed 9-4-1984)
§ 111.32 EXAMINATION REQUIRED.
   (A)   Upon application for a massage technician permit, and after the applicant has paid the required fee and furnished the required information, each applicant shall take and pass an examination of qualifications within 30 days preceding the date of issuance of the massage technician permit.
   (B)   The examination required by this section shall be conducted by the Health Department, shall be such as to fairly determine the ability of the applicant to properly perform the work which the applicant would be authorized to do by the permit applied for, and shall cover the following subjects: anatomy, physiology, hygiene and the practice and theory of massage as massage is defined in this chapter. The examination shall include both a practical demonstration and a written test. In the grading of the examination, practical demonstrations shall prevail over written tests; that is, a greater number of credits shall be allowed on practical demonstrations than on written tests.
   (C)   Any applicant who fails to pass an examination shall not be eligible to take another examination until four weeks after taking the previous examination, and any such examination shall be at applicant’s expense. Any applicant who fails to pass upon the third trial shall not be eligible to take another examination for six months thereafter.
(Prior Code, § 1123.09) (Ord. 84-7, passed 9-4-1984)
§ 111.33 INVESTIGATION; GROUNDS FOR DENIAL; ISSUANCE.
   (A)   Subsequent to the filing of an application for a massage technician permit, the City Recorder shall transmit the application to the Chief of Police for investigation and report pursuant to this chapter. Thereafter, the Chief of Police or his or her representative shall file with the City Recorder a report stating the extent of any investigation, particulars of objections and recommendations.
   (B)   In addition to grounds for refusal set forth in sections of this code, no permit shall be granted:
      (1)   In violation of any provision of this code or the applicable laws of the state; or
      (2)   If it is found that the applicant:
         (a)   Has knowingly made any false, misleading or fraudulent statement of facts in the permit application, or any other document required by the city in conjunction herewith;
         (b)   Is not 18 years of age or older;
         (c)   Has had a massage technician or other similar permit or license denied, revoked or suspended by the city or any other state or local agency within five years prior to the date of application; or
         (d)   Has been convicted of or has entered a plea of guilty or nolo contendere to a felony or any crime of moral turpitude or any offense involving sexual misconduct including, but not limited to, any crime or offense specified in W. Va. Code Chapter 61, as amended from time to time, unless the Chief of Police finds that the offense is not reasonably related to the occupation being regulated.
   (C)   Within 30 days after the applicant passes the examination of qualifications specified herein, or after receipt of the report of the Chief of Police, whichever is last to occur, the Administering Officer shall in his or her discretion grant or refuse to grant the permit. The License Division shall issue the permit if granted. The permit shall be personal to the applicant and nontransferable and shall be limited to the uses requested in the application and subject to such other restrictions, terms and conditions as the City Recorder may prescribed. Permits may be granted conditionally in order to ensure compliance with the provisions of this chapter.
(Prior Code, § 1123.10) (Ord. 84-7, passed 9-4-1984)
§ 111.34 OFF-PREMISES MASSAGE TECHNICIANS; PERMIT ENDORSEMENT REQUIRED.
   (A)   Permit required. No person shall engage in the business of acting, or act as an off- premises massage technician, unless such person holds a valid and outstanding massage technician permit issued by the Administering Officer and endorsed for off-premises work.
   (B)   Endorsement. A massage technician permit shall be endorsed by the City Recorder for off-premises work upon application by the permittee if the following conditions exist:
      (1)   The permit is valid and there are no pending proceedings for its revocation or suspension; and
      (2)   The applicant pays a fee of $25 for such endorsement.
   (C)   Operating requirements. In addition to those requirements set forth in sections of this chapter which expressly or by necessary implication apply to off-premises massage technicians, the following operating requirements shall be applicable.
      (1)   No individual holding an off-premises massage technician permit shall perform any off-premises massage, as defined in § 111.01, in any hotel, motel or commercial establishment that does not have a valid massage establishment permit.
      (2)   Each off-premises massage technician permittee shall display the permit therefor to any patron who so requests.
      (3)   Upon any change of employer, an off-premises massage technician permittee shall inform the City Recorder within 48 hours of such change.
(Prior Code, § 1123.11) (Ord. 84-7, passed 9-4-1984)
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