A. Except for massage establishment owners who possess a current and valid CAMTC certification, any person, association, partnership, or corporation who owns more than five percent (5%) of a massage establishment and desires to operate that massage establishment must make an application to the chief for an investigation of the applicant's background and history. A nonrefundable fee, in an amount set by resolution of the city council, must accompany the submission of each application to defray the cost of investigation, inspection and enforcement of this chapter. An annual nonrefundable renewal fee will also be charged to defray associated costs of investigation, inspection and enforcement.
B. Each applicant for background check must submit the following information:
1. The full true name and any other names used by the applicant.
2. The present address and telephone number of the applicant.
3. Driver's license number and social security number.
4. The proposed address of the massage establishment.
5. Each residence and business address of the applicant for the three (3) years immediately preceding the date of the application, and the inclusive dates for such address.
6. Written proof that the applicant is at least eighteen (18) years of age.
7. Applicant's height, weight, and color of eyes and hair.
8. Two (2) photographs of the applicant at least two inches by two inches (2" x 2") taken within four (4) months preceding the date of the application.
9. Applicant's business, occupation and employment history for the five (5) years immediately preceding the date of application.
10. The business license or permit history of the applicant, including whether such applicant has ever had any license or permit issued by any agency or board, city, county or state revoked or suspended, or has had any professional or vocational license or permit revoked or suspended and the reasons for the revocation.
11. All criminal convictions for any of the offenses set forth in this chapter, and a statement of the dates and places of such convictions.
12. If the applicant is a corporation, the name of the corporation must be set forth exactly as shown in the articles of incorporation or charter, together with the state and date of incorporation and names and residence addresses of each of its current officers and directors, and each stockholder holding more than five percent (5%) of the stock of the corporation. If the applicant is a partnership, the application must set forth the names and residence addresses of each of the partners, including the limited partners. If the applicant is a limited partnership, it must furnish a copy of its certificate of limited partnership filed with the county clerk. If one or more partners is a corporation, the provisions of this section pertaining to corporate applicants may apply. The applicant corporation or partnership must designate one of its officers or general partners to act as its responsible managing officer. Such person must complete and sign all application forms required of any individual applicant under this chapter, but only one application fee will be charged.
13. The name and address of the owner and lessor of the real property upon or in which the massage establishment is to be operated, and a copy of the lease or rental agreement. If the applicant is not the legal owner of the property, a notarized acknowledgment from the owner of the property that a massage establishment will be located on his or her property is required for each massage establishment permit location.
14. The full true names and other names used, the present addresses and telephone numbers, driver's license numbers, and social security numbers, and state certificates from the CAMTC for all massage technicians who will be working as employees or independent contractors at each massage establishment permit location. The applicant must provide the chief with any changes in the massage technicians that work at the massage establishment during the permit period within ten (10) working days of each change.
15. The chief may require the applicant to furnish fingerprints when needed for the purpose of verifying identification.
16. Such other identification and information as may be required by the chief in order to verify the information to be included in the application.
C. The city is allowed a reasonable time, not to exceed sixty (60) days from receipt of a completed application, in which to investigate the information on the application. During the investigation of the background information, a city representative including, without limitation, a member of the police department, fire department, building and safety division, planning division, or any authorized representative thereof, may inspect, with or without the notice during regular business hours, the proposed place of business to determine whether it conforms to the requirements of this chapter. Upon completion of the inspection, the city representative must inform the chief in writing of the findings of the inspection.
1. Background clearance will be issued, within sixty (60) days of receipt of a completed application, to any applicant who has furnished all of the information required by this section in the application for such license, provided:
a. The applicant has not made a material false statement in the application and that all massage technicians who will be working as employees or independent contractors at each massage establishment permit location possesses certification from the CAMTC as a massage practitioner or massage therapist;
b. The applicant, if an individual, or in the case of an applicant which is a corporation or partnership, any of its officers, directors, holders of five percent (5%) or more of the corporation's stock, has not, within five (5) years immediately preceding the date of the filing of the application been convicted in a court of competent jurisdiction of any of the following offenses: Penal Code sections 243.4; 261; 266a through 266j; 267; 314 to 316; 318; or 647 (a, b, d); any offenses requiring registration under Penal Code section 290 or Health And Safety Code section 11590; or any felony offense involving the possession, possession for sale, sale, transportation, furnishing, or giving away of a controlled substance specified in Health And Safety Code sections 11054 to 11058, as amended; or any offense in another state in which, if committed in California, would have been punishable as one or more of heretofore mentioned offenses; or any offense involving the use of force or violence upon the person of another; or any offense involving theft, embezzlement or moral turpitude;
c. The applicant is at least eighteen (18) years of age; and
d. The applicant has not had a massage technician, massage establishment, escort service, nude entertainment, nude photo studio or similar type of license or permit suspended within one year or revoked within three (3) years immediately preceding the date of the filing of the application, unless the applicant can show a material change in circumstances or that mitigating circumstances exist since the revocation or suspension. (Ord. 2824, 2015)