(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 approve, conditionally approve, or deny the application within 60 days of the filing of an application. The 60-day period may be continued for up to 30 additional days, if necessary, to complete the inspection. The Police Chief shall issue such permit as requested, unless he or she makes any of the following findings:
(1) The applicant has, within eight years preceding the date of the application, been convicted of any of the following:
(a) 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 that the applicant 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 for, any of the previously listed crimes;
(b) 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) Any offense in any other state which is the equivalent of any of the above-mentioned offenses; or
(d) An act involving dishonesty, fraud, deceit, or moral turpitude, or an act of violence, which act or acts are substantially related to the qualifications, functions, or duties of a massage practitioner.
(2) The applicant has had an operator permit or massage practitioner permit or other similar license or permit denied, suspended, or revoked for cause by a licensing authority or by any city, county or state within eight years prior to the date of the application.
(3) The applicant has knowingly made a false, misleading or fraudulent statement or omission of fact to the city in the permit application process.
(4) The application does not contain the information required by § 119.09.
(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 divisions (A)(3) or (4) of this section, the applicant may not reapply for a period of six months from the date the application was denied.
(B) All massage practitioners shall comply with the following conditions and any other reasonable conditions specified by the Police Chief on issuance of the massage practitioner permit.
(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.
(2) Covering. No massage practitioner shall massage any patron unless the person’s genitals, gluteal crease, anus and, in the case of a female patron, breast(s), are fully covered at all times while the practitioner is present in the same room as the patron.
(3) Identification cards. The massage practitioner shall wear a photo identification card prepared and issued by the city at all times when present in the massage establishment. Such identification shall be provided to city regulatory officials upon demand. The identification card shall be placed on outer clothing with the photo side facing out. If a massage practitioner changes his or her business address, he or she shall, prior to such change, obtain from the Police Chief a new photo identification card and advise the Police Department, in writing, of the new business address.
(4) Massage locations. Massage practitioner shall not perform any massage at any location other than the massage establishment specified on the permit.
(5) Names. While on duty, the massage practitioner shall not use any name other than that specified on the photo identification card.
(6) Clothing. The massage practitioner shall be fully clothed at all times. Clothing shall be of a fully opaque, non- transparent material and provide complete covering of the genitals, pubic area, buttocks, anal area, and chest.
(7) Inspections and searches. The massage practitioner 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 massage practitioner 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 § 119.14(B)(17) which would require the posting of the notice to all patrons.
(8) Continuing education. On an annual basis, the massage practitioner shall complete no fewer than 12 hours of continuing education in the practice of massage from a qualified massage educational program.
(Ord. 2008-004, passed 3-10-08; Am. Ord. 2024-004, passed 8-27-24)