Any operator permit or Establishment Registration Certificate issued pursuant to this chapter may be suspended or revoked by the Permit Administrator after a hearing, where it is found by clear and convincing evidence that any of the following have occurred:
A. Finding of violation. The person(s) to whom the operator permit or Establishment Registration Certificate has been issued, or any person employed or retained by the massage establishment, has been found to have violated any provision of this chapter; or
B. Owner not certified. Any owner of a massage establishment which is operating pursuant to a Establishment Registration Certificate is no longer qualified as a Certified Massage Practitioner for any reason; or
C. Prohibited conduct. The permittee, certificate holder, or any person employed or retained by the massage establishment has been convicted in a court of competent jurisdiction of having violated, or has engaged in conduct constituting a violation of, any of the following: California Penal Code Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22, 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
D. Registration under Penal Code § 290. The permittee, certificate holder, or any person employed or retained by the massage establishment is required to register under Section 290 of the California Penal Code; or
E. Nuisance injunction. The permittee or certificate holder has been subject to a permanent injunction against the conducting or maintaining of a nuisance pursuant to this code, or Section 11225 through 11235 of the California Penal Code, or any similar provision of law in any jurisdiction outside the state of California; or
F. Fraud or misrepresentation. The permittee, certificate holder, or any employee has engaged in fraud or misrepresentation or has knowingly made a misstatement of material fact while working in or for the massage establishment; or
G. Operation during suspension. The permittee or certificate holder has continued to operate the massage establishment after the operator permit or Establishment Registration Certificate has been suspended; or
H. Massage without certification. Massage has been performed on the premises with or without the permittee or certificate holder's actual knowledge, by any person who is not a duly authorized Certified Massage Practitioner; or
I. Prohibited acts. There have been one or more acts prohibited under California Penal Code Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22 taking place on the premises, whether or not any criminal prosecution has been pursued or conviction obtained for such acts, and whether or not they occurred with or without the actual knowledge of the permittee or certificate holder; or
J. Sexual touching. The permittee, certificate holder, or any person employed or retained by the massage establishment or any other person on the premises of the massage establishment has engaged in conduct or committed acts that a reasonable person in a patron's position would understand as an offer to perform on or engage in with the patron acts that are sexual in nature or that involve touching of the patron's genitals, pubic area, anus, and areola.
K. Negligent supervision. The permittee or certificate holder failed to provide adequate supervision of the massage establishment, resulting in a pattern of at least three (3) violations of this code or state or federal law.
(Ord. 2011-02 § 1(part), 2011)