(A) Upon receipt of a complete permit application, the Police Chief shall conduct an investigation to ascertain whether such permit should be issued as requested. The Police Chief shall, within 60 days of receipt of an application, approve, conditionally approve or deny the application. The 60-day period may be extended for up to 30 additional days, if necessary, to complete the investigation. The Police Chief shall issue such permit as requested, unless he or she makes any of the following findings:
(1) The applicant, or any officers, directors, or partners, or any person directly engaged or employed in the massage establishment, has within the eight-years preceding the date of the application:
(a) Been convicted of a violation of Cal. Penal Code §§ 266, 266a, 266b, 266d, 266e, 266f, 266g, 266h, 266i, 314, 315, 316, 318, 647(a), (b), or (d), or any other provision of law pursuant to which a person is required to register under the provisions of Cal. Penal Code § 290 or when the prosecution accepted a plea of guilty or nolo contendre to a charge of a violation of Cal. Penal Code § 415 or any lesser included or lesser related offense in satisfaction of, or as a substitute of, any of the previously listed crimes;
(b) Been convicted of a violation of Cal. Health and Safety Code § 11550 or any offense involving the illegal sale, distribution, or possession of a controlled substance specified in Cal. Health and Safety Code §§ 11054, 11055, 11056, 11057, or 11058;
(c) Been convicted of any offense in any other state which is the equivalent of any of the above-mentioned offenses;
(d) Been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Cal. Penal Code § 11225 et seq., or any similar provisions of law in a jurisdiction outside the State of California;
(e) Been convicted of an act involving dishonesty, fraud, deceit, or moral turpitude, or an act of violence, which act or acts are related to the qualifications, functions, or duties of an operator;
(f) Has had an operator or massage technician permit or other similar license or permit denied, suspended or revoked for cause by a licensing authority or by any city, county or state.
(2) The applicant has made a false, misleading, or fraudulent statement or omission of fact to the city in the permit application process.
(3) The application does not contain all of the information required by § 119.05.
(4) The massage establishment, as proposed by the applicant, does not comply with all applicable laws, including, but not limited to, health, zoning, fire, and safety requirements and standards.
(5) The applicant has not satisfied the requirements of this chapter in the time specified.
(6) If the application is denied for failure to comply with division (A)(2) or (3) of this section, the applicant may not reapply for a period of six months from the date the application was denied.
(B) All operators and managers shall comply with the following conditions to the operator permit and any other reasonable conditions imposed by the Police Chief:
(1) Prohibited massage areas. Except to the extent required, in writing, by a state-licensed medical practitioner, no massage practitioner shall massage the genitals or anal area of any patron or the breast(s) of any female patron, nor shall any operator or manager of a massage establishment allow or permit such massage. No operator or manager, while performing any task or service associated with the massage establishment, shall be present in any room with another person unless the person's genitals, gluteal crease, anus or, in the case of a female patron, breast(s), are fully covered.
(2) Names. No operator granted a permit pursuant to this section shall use any name or conduct business under any designation not specified in his or her permit.
(3) Manager on premises. The massage establishment shall have a manager on the premises at all times during hours of operation. The operator(s) shall file a statement with the Police Chief designating the person with power to act as a manager. The operator shall also file with the Police Chief a statement, signed and dated by each manager designated after permit issuance, certifying under penalty of perjury that they:
(a) Have received a copy of this chapter;
(b) Understand its contents; and
(c) Understand the duties of a manager as provided in this chapter.
(4) Licensed massage practitioner on premises. During the hours of operation, the massage establishment shall have at least one massage practitioner holding a current valid massage practitioner permit for the specific establishment on the premises and on duty at all times.
(5) Operator/manager responsibility. The operator and on-duty manager shall be responsible for the conduct of all employees while the employees are on the licensed premises. An act or omission of any employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator for purposes of determining whether the operator permit shall be revoked, suspended, denied, or renewed.
(6) Licensed massage practitioners. The operator or manager shall not employ any person as a massage practitioner who does not have a valid massage practitioner permit issued pursuant to this chapter. The operator shall report to the Police Chief any change of employees, whether by new or renewed employment, discharge or termination, on the form and in the manner required by the Police Chief. The report shall contain the name of the employee and the date of hire or termination. The report shall be made within five days of the date of hire or termination. The operator shall deliver the permit and photo identification card of any massage practitioner no longer employed by the operator to the Police Chief within five days of employment termination.
(7) Insurance. No person shall engage in, conduct, or carry on the business of a massage establishment unless there is on file with the Police Chief, in full force and effect at all times, documents issued by an insurance company authorized to do business in the state evidencing that the operator is insured under a liability insurance policy providing minimum coverage of $500,000 for injury or death arising out of the operation of the massage establishment and/or the administration of a massage. Each operator shall provide the Police Chief with evidence of insurance within 45 days prior to the date of issuance of the permit.
(8) Compliance with code. The operator shall comply with all provisions of this chapter and any applicable provisions of the Riverbank Municipal Code.
(9) Inspections and searches. By applying for a permit, the operator consents to the inspection of the massage establishment by the city's Building Department, Police Department, Fire Department, and Health Department for the purpose of determining that the provisions of this chapter or other applicable laws or regulations are met. The operator consents to the inspection of the occupied massage rooms by the Police Department for the purpose of determining that the provisions of this chapter are met upon occurrence of any of the conditions described in § 119.13(B)(17) which would require the posting of the notice to all patrons.
(Ord. 2008-004, passed 3-10-08)