No massage establishment may operate in the city that does not qualify as a certified massage establishment, unless and until all owners of the massage establishment have applied for and obtained an operator permit from the Permit Administrator pursuant to this section.
A. Application for operator permit. All owners of the massage establishment, or their duly authorized agent, shall file an application for an operator permit for the massage establishment on a form provided by the Permit Administrator. For purposes of this section, the "applicant" for the operator permit shall refer to and include each and every owner of the massage establishment. The application shall include the following information:
1. Name, address, and telephone number of the massage establishment.
2. The name, residence address and telephone number, and business address and telephone number of the massage establishment owner(s) applying for the operator permit.
3. The form of business under which the applicant will be conducting the massage establishment, i.e., corporation, general or limited partnership, limited liability company, or other form. 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 shareholder holding more than ten percent (10%) of the stock of the corporation. If the applicant is a general or limited partnership, the application shall set forth the name and residence address 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. If the applicant is a limited liability company, the application shall set forth the name and residence address of each of the members. If one (1) or more of the members is a partnership, limited liability company, or corporation, the provisions of this section pertaining to a partnership, limited liability company, or corporate applicant shall apply, as applicable.
4. The name and address of the owner of the real property upon, in, or from which the massage establishment is to be operated. In the event the applicant is not the legal owner of the property, the application shall be accompanied by a copy of any written lease between the applicant and the property owner authorizing use of the premises for a massage establishment, or, alternatively, if there is no written lease, then a written, notarized acknowledgment from the property owner that the property owner has been advised that a massage establishment will be operated by the applicant upon, in, or from the property owner's property.
5. A description of the proposed massage establishment, including the type of treatments to be administered.
6. The name, residence address and telephone number, and work address and telephone number of each person that the massage establishment employs or retains to perform massage.
7. For each person that the massage establishment employs or retains to perform massage, a copy of that person's current certification from the CMTC as a Certified Massage Practitioner or as a Certified Massage Therapist, and a copy of that person's CMTC identification card.
8. Whether any license or permit has ever been issued to the applicant by any jurisdiction under the provisions of any ordinance or statute governing massage, and as to any such license or permit, the name and address of the issuing authority, the effective dates of such license or permit, whether such license or permit was ever suspended, revoked, withdrawn, or denied; and copies of any documentary materials relating to such suspension, revocation, withdrawal, or denial.
9. Whether the applicant has within the five (5) years immediately preceding the date of application been convicted in any state of any felony.
10. Whether the applicant is currently required to register under the provisions of Section 290 of the California Penal Code.
11. The applicant's business, occupation, and employment history for five (5) years preceding the date of application, and the inclusive dates of same.
12. One set of fingerprints for each applicant in a form satisfactory to the Permit Administrator. The fingerprints shall be taken at a place designated by the Permit Administrator, and any required fee for such fingerprinting shall be paid by the applicant.
13. Such other information as may be required by the Permit Administrator to determine compliance with any other eligibility requirements for issuance of the operator permit as specified by federal, state, or local law. The Permit Administrator may waive any of the requirements of this section for an owner who is also a Certified Massage Practitioner.
B. Application fee. Any application for an operator permit under this chapter shall be accompanied by a nonrefundable application fee in an amount established by resolution of the City Council and included within the Master Fee Schedule.
C. Issuance or denial. The Permit Administrator shall grant an operator permit for the massage establishment if the massage establishment owners have satisfied the requirements of this section and all other applicable laws including, but not limited to, the city's building, zoning, and health regulations, unless the Permit Administrator determines any or more of the following to be true:
1. The applicant, or any shareholder, partner, or member of the applicant, within five (5) years immediately preceding the date of filing of the application, has been convicted in a court of competent jurisdiction of any offense that relates directly to the operation of a massage establishment whether as a massage establishment operator or as a person practicing massage, or as an employee of either; or has at any time been convicted in a court of competent jurisdiction of any felony the commission of which occurred on the premises of a massage establishment; or
2. The applicant is currently required to register under the provisions of Section 290 of the California Penal Code; or
3. The applicant, or any shareholder, partner, or member of the applicant, within five (5) years of the date of application, has been convicted in a court of competent jurisdiction of any violation of Section 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b),653.22 of the California Penal Code, or conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the state of California that is the equivalent of any of the aforesaid offenses; or
4. The applicant, or any shareholder, partner, or member of the applicant, has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Section 11225 through 11235 of the California Penal Code, or any similar provision of law in a jurisdiction outside the State of California; or
5. The applicant, or any shareholder, partner, or member of the applicant, has knowingly made a false statement or omission of a material fact in the application for the operator permit; or
6. The applicant, if an individual, has not attained the age of eighteen (18) years; or
7. The applicant, or any shareholder, partner, or member of the applicant, within five (5) years of the date of application, and as established by clear and convincing evidence, has engaged in acts prohibited under California Penal Code Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22; or
8. The applicant, or any shareholder, partner, or member of the applicant, within five (5) years immediately preceding the date of filing of the application, has had a permit or license to practice massage or to own and/or operate a massage establishment revoked or denied in any jurisdiction.
D. Notice to property owner. Where the applicant is not the record owner, as shown on the latest county assessment roll, of the property upon, in, or from which the massage establishment is to be operated, then upon issuance of an operator permit, the Permit Administrator may send a written notice to the property owner advising of the issuance of the Permit and of the regulations applicable to the massage establishment and the property pursuant to this chapter. Any other notices sent to the applicant pursuant to this chapter at any time before or after issuance of the operator permit may also be sent to the property owner.
E. Notice of Denial - Appeal. If an operator permit is denied, the Permit Administrator shall serve on the applicant, in the manner provided in Section 8.24.050 of this code, a written notice of denial that shall specify the grounds for the denial and shall indicate the appeal procedures as set forth in Section 8.32.130 of this code.
F. Display of permit. Each holder of an operator permit shall display that permit in an open and conspicuous place on the premises visible from the entrance and/or reception and waiting area of the massage establishment.
G. Term. An operator permit issued pursuant to the terms of this chapter shall be valid for a term of three (3) years from the date of issuance. A permit that has not expired and has not been suspended or revoked may be renewed for another three (3) year period, on submittal of a written application and payment of a renewal application fee to be established by resolution of the City Council.
H. Requirement to amend operator permit application. In addition to the requirements of Sections 8.32.100 and 8.32.110, whenever the information provided in the application for operator permit on file with the city changes, for example by a change in employees, the operator shall, within ten (10) business days after such change, file an amendment to the operator permit application with the Permit Administrator.
I. Violations and remedies.
1. Operator responsible for employees. For the purpose of enforcing the requirements of this chapter, the operator shall be responsible for the conduct of all massage employees, agents, independent contractors, or other representatives while such persons are on the premises of the massage establishment or providing outcall massage services on behalf of the massage establishment.
2. Revocation. An operator permit may be suspended or revoked by the Permit Administrator as provided in Section 8.32.120. Upon revocation, the massage establishment shall immediately cease operation, and, if so ordered by the Permit Administrator, no other massage establishment shall be permitted to operate at that location by any person for a period of not less than one (1) year. If the operator is not also the legal owner of the real property on which the massage establishment is situated, notice of such revocation and the one (1) year prohibition shall be provided by the Permit Administrator to the owner of record of the property as shown on the latest county assessment roll.
3. Cumulative remedies. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
(Ord. 2011-02 § 1(part), 2011)