(A) It shall be the responsibility of each and every operator to have a working knowledge of the city’s regulations relating to massage establishment operations and be responsible for the day-to-day operation of the business.
(B) Application; contents. Applicants for operator permits shall submit the following information to the Police Department on a form supplied by the Department:
(1) The full true name of the applicant;
(2) A complete statement listing and explaining any and all aliases and fictitious names used by the applicant within the ten years immediately preceding the application;
(3) The current residence address and business address and current residence and business telephone number of the applicant;
(4) The name and address of the massage establishment for which the operator permit is sought;
(5) A list of all previous residential and business addresses for a minimum of eight years immediately preceding the present address of the applicant and the dates of residence for each address;
(6) The applicant’s place of birth, and original documentation to verify both the applicant’s identity and employment authorization (if applicable), as listed under 8 U.S.C. 1324a(b)(l) and 8 C.F.R. part 274a.2(b)(l). Documentation to satisfy this requirement may include, but is not limited to, a California driver’s license, California identification card, social security card, resident alien (“green”) card, United States passport (unexpired or expired), unexpired foreign passport that contains a temporary I-551 stamp, or an unexpired employment authorization document issued by the United States government in compliance with 8 C.F.R. part 274a.2(b)(l)(v)(A);
(7) The history of the applicant as to any similar business or occupation within ten years immediately preceding the filing of the application. Such information shall include, but not be limited to, the names and addresses of any other massage establishments or similar businesses the applicant has owned, managed, provided massage services at, or worked at, whether the applicant has had a permit or license to operate, manage, provide massage services at, or work at a massage establishment denied, revoked, or suspended in any jurisdiction; the reasons for any such denial, revocation, or suspension; and the business, activity, or occupation the applicant engaged in subsequent to such denial, revocation, or suspension;
(8) All criminal convictions within the last ten years, excluding minor traffic violations, and the date and place of each such conviction and reason therefor;
(9) Such other reasonable identification and information as the Chief of Police may require in order to discover the truth of the matter specified as required to be set forth in the application;
(C) The applicant shall have his or her picture taken by the Police Department or otherwise supply a photograph as directed by the Department; and
(D) Once the information required by division (A) of this section is submitted, the applicant shall have his or her fingerprints taken for a criminal history background (Livescan) check in the manner directed by the Police Department.
(E) The Chief of Police shall issue the operator permit, unless after investigation he or she makes any of the following findings:
(1) The applicant has failed to provide information, documentation, and assurances required by this chapter or by the Chief of Police; has failed to reveal any fact material to qualification; or has supplied information that is untrue or misleading as to a material fact pertaining to the qualification criteria; or
(2) The applicant is a person who has engaged in disqualifying conduct; or
(3) There is substantial evidence that the applicant has engaged in disqualifying conduct, even if there is no conviction for such conduct; or
(4) The applicant has violated any provision of this chapter, or any similar ordinance, law, rule, or regulation of any other public agency which regulates the operation of massage establishments; or
(5) The applicant is not at least 18 years of age; or
(6) The applicant is delinquent in paying city fees or penalties owed in relation to any permit issued pursuant to this chapter.
(F) If the criminal history background check report demonstrates that the applicant has made any false, misleading, or fraudulent statement of material fact in the permit application or in any report or record required to be filed therewith, or discloses any disqualifying conduct, the permit shall be subject to denial.
(G) For any person that has a valid CAMTC certificate, the applicant shall only be required to provide the information specified in division (B)(1) through (B)(4) and have his or her picture taken or provide a photograph as specified in division (C) above. No independent background check shall be conducted, but in determining whether to issue the operator permit, the Chief of Police may rely on information supplied by CAMTC.
(H) Permits issued pursuant to this section shall remain in effect, unless revoked, for a period of one year. Applications for the renewal of a permit shall be filed on a form supplied by the city with the Chief of Police. Temporary permits shall not be issued and expired permits are not valid unless the permittee has a written receipt showing that the renewal application was filed at least 30 days prior to expiration, without action having been taken by the Chief of Police. Renewal applications shall be signed under penalty of perjury and shall be accompanied by a nonrefundable filing fee established by resolution of the City Council. A permittee shall be required to update the information contained in his or her original permit application and provide any new and/or additional information as may be reasonably required by the Chief of Police in order to determine whether the permit should be renewed, including all information required by division (B) or (G) of this section. If requested, a new photograph shall be supplied. Failure to provide this documentation shall be grounds for nonrenewal of the permit in addition to those items set forth in § 122.33 below. It is the operator’s obligation to keep track of when the renewal is due and to renew in a timely fashion.
(I) Any decision to deny or not renew an operator permit shall be made in writing and shall set forth the reasons for the decision. The notice shall include a statement of appeal rights pursuant to § 122.34 below.
(J) Every person to whom an operator permit has been granted pursuant to this chapter shall be issued an identification badge by the Police Department which shall contain the person’s name, photograph, expiration date, and any other information deemed necessary by the Chief of Police. The badge shall be worn so as to be readily visible at all times while on the premises of the massage establishment.
(K) Permits issued pursuant to this chapter may not be assigned or transferred.
(L) It is the duty of each operator to notify the Finance Department whenever there is a change in information which was required to be submitted in the application for the operator permit in the first instance. Such notification shall be in writing and made within ten business days of the change on a form provided by the city.
(M) Each operator of a massage establishment shall be responsible for the conduct of all employees and independent contractors working on the premises of the business. Failure of the employees or independent contractors of a massage establishment to comply with this chapter may result in the revocation of the operator’s permit.
(N) The operator of the massage establishment is responsible for verifying that all persons hold the appropriate CAMTC certificate as required by this chapter.
(O) Any requirement of this chapter applying to an operator shall apply to each and every operator of a massage establishment.
(Ord. 591-C.S., passed 9-20-11; Am. Ord. 609-C.S., passed 2-18-14; Am. Ord. 612-C.S., passed 2-17-15; Am. Ord. 633-C.S., passed 4-18-17; Am. Ord. 634-C.S., passed 5-2-17)