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No person permitted to operate a massage establishment under this chapter shall operate under any name or conduct business under any designation not specified in the Establishment Registration Certificate or operator permit and city business license. Upon a change of location where there is no change of ownership, an application for an amended Establishment Registration Certificate or operator permit shall be made to the Permit Administrator, and such application shall be granted, provided all applicable provisions of this code are complied with as to the new location.
(Ord. 2011-02 § 1(part), 2011)
Upon a sale or transfer of any massage establishment, or upon the sale or transfer of some or all of the interest of any massage establishment owner to a person who is not already an owner, a new Establishment Registration Certificate or operator permit shall be required.
(Ord. 2011-02 § 1(part), 2011)
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)
A. Written notice required. The Permit Administrator, before revoking or suspending any operator permit or Establishment Registration Certificate, shall give the permittee or certificate holder at least ten (10) business days' written notice of the alleged grounds for revocation or suspension and shall conduct a hearing in the matter of whether the permit or certificate shall be revoked or suspended. The hearing shall be conducted at least ten (10) business days from the date of written notice which shall be provided in the manner set forth in Section 8.24.050 of this code.
B. Hearing. The Permit Administrator shall consider all evidence at the hearing. The hearing may, after being commenced within the time specified pursuant to subsection A. of this section, be continued for good cause by the Permit Administrator from time to time. The Permit Administrator shall, at the conclusion of the hearing, make findings of fact based upon the evidence submitted and shall decide whether or not the permit or certificate shall be revoked or suspended.
C. Notice of Decision. The Permit Administrator's written notice of decision shall be served on the permittee or certificate holder, within thirty (30) business days of the conclusion of the hearing, in the manner provided in Section 8.24.050 of this code, and, in the case of a revocation or suspension, such Notice of Decision shall indicate the appeal procedures as set forth hereinafter.
D. Appeal. Any applicant, permittee, or certificate holder shall have the right to appeal from a decision by the Permit Administrator to deny a permit or certificate application or renewal application, or to approve such an application with conditions, or to suspend or revoke an operator permit or Establishment Registration Certificate, by filing with the City Clerk a written notice of appeal specifying the grounds for such appeal, within ten (10) business days after the decision has been served on the applicant or permittee or certificate holder. The appeal must also include the appeal fee established by resolution of the City Council and included within the Master Fee Schedule. Such appeal shall be heard by an administrative hearing officer appointed by the City Manager or his/her designee, upon not less than ten (10) business days written notice to the appellant. The designated administrative hearing officer shall consider all relevant evidence at the hearing, may continue the hearing for good cause, and shall require such legal briefing as may be required to address any issues raised by the appeal. Within a reasonable time, but not more than twenty (20) business days following the conclusion of the hearing, the administrative hearing officer shall issue a written decision affirming, denying, or modifying the decision from which the appeal was taken, supported by factual findings and determinations referenced by supporting evidence. The written decision shall be served on the appellant as provided in Code of Civil Procedure Section 1094.6(b), with a copy submitted to the City Clerk and the City Attorney. The written decision of the administrative hearing officer shall be final and shall be subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure Section 1094.6.
(Ord. 2011-02 § 1(part), 2011)
The requirements of this chapter shall be in addition to any business license and business license tax requirements imposed pursuant to Chapter 5.04 of this code for operation of a massage establishment.
(Ord. 2011-02 § 1(part), 2011)
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