Sec. 5-17.05. Massage establishment: Certificate of registration required.
   Any person, association, partnership, or corporation desiring to operate a massage establishment must make an annual application for a massage establishment certificate of registration. An application shall be filed on forms provided by the City, submitted under penalty of perjury and shall contain the following information:
   (a)   CAMTC certification verification:
   1.   If a certified sole proprietorship, the applicant/owner shall produce a valid and current CAMTC certification.
   2.   If a massage establishment other than a certified sole proprietorship, the applicant/owners shall produce:
   i.   If applicant/owner is CAMTC certified, a valid and current CAMTC certification; and
   ii.   A statement that the massage establishment shall employ only certified massage practitioners along with copies of valid and current State certificates for all massage technicians employed by or contracted with, or who will be employed by or contracted with the massage establishment and copies of their current and valid CAMTC issued identification cards.
   (b)   The Police Department may require the owner/applicant of a massage establishment to produce a valid and current driver’s license and/or identification card issued by a state or federal governmental agency or other photographic identification bearing a bona fide seal by a foreign government; and further may require the massage technicians whom the owner/applicant has identified as employees to personally appear and produce valid and current State certificates, a valid and current driver’s license and/or identification card issued by a state or federal governmental agency or other photographic identification bearing a bona fide seal by a foreign government.
   (c)   Any person, association, partnership, or corporation desiring to operate a massage establishment, that will own or does own five (5%) percent or more of the massage establishment, and that is not a certified massage therapist or certified massage practitioner, must submit an annual application to the City for an investigation of the applicant’s background and history. A nonrefundable fee, in an amount set by resolution, 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.
   1.   Each person applying for a background check must submit the following information:
   i.   The full true name and any other names used by the applicant.
   ii.   The present address and telephone number of the applicant.
   iii.   Driver’s license number and social security number.
   iv.   The proposed address of the massage establishment.
   v.   Each residence and business address of the applicant for the five (5) years immediately preceding the date of the application, and the inclusive dates for such address.
   vi.   Written proof that the applicant is at least 18 years of age.
   vii.   Applicant’s height, weight, and color of eyes and hair.
   viii.   One photograph of the applicant at least two inches by two inches taken within four months preceding the date of the application. 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 reason(s) for the revocation(s).
   ix.   All criminal arrests and statement of the dates, places, and disposition of any convictions from said arrests.
   x.   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 (5%) percent 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 are a corporation, the provisions of this section pertaining to corporate applicants will 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.
   xi.   The full true names and other names used, the present addresses and telephone numbers, and state certificates from the CAMTC or transitional licenses for all massage technicians who will be working as employees or independent contractors at each massage establishment permit location. The applicant must provide the Director with any changes in the massage technicians that work at the massage establishment during the permit period within 10 working days of each change.
   xii.   The Director may require the applicant to furnish fingerprints when needed for the purpose of verifying identification and obtaining information on applicant’s criminal history.
   xiii.   Such other identification and information as may be required by the Director in order to reasonably verify the information to be included in the application.
   xiv.   The City is allowed a reasonable time, not to exceed 60 days, 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 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 Director in writing of the findings of the inspection.
   2.   Background clearance will be issued to the applicant who has furnished all of the information required by this section in the application, provided:
   i.   The applicant has not made a material false statement in the application.
   ii.   The applicant confirmed in the application 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.
   iii.   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 (5%) percent or more of the corporation's stock, has not been convicted in a court of competent jurisdiction of any of the offenses currently listed in California Government Code Section 51032 or as said section may be amended in the future, including the following:
   Penal Code Sections 243.4; 261; 266a through 266j; 267; 314 to 316; 318; or 647(a, b, d); any offense requiring registration under Penal Code Section 290.001 et seq. 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 which, if committed in California, would have been punishable as one or more of the 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;
   iv.   The applicant is at least 18 years of age; and
   v.   The applicant has not had a massage technician or massage establishment license or permit suspended within one year or revoked within three 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 suspension or revocation.
   3.   Appeal of denial to issue massage establishment certificate of registration. An applicant whose massage establishment certificate of registration application was denied due to any of the reasons set forth in Section 5-17.05(c)(2)(i-v) above may appeal such denial by submitting a timely request pursuant to TOMC Section 1-4.01 et seq. and as set forth in this chapter. Failure to make a timely request to appeal the decision to deny the massage establishment certificate of registration waives any further recourse to challenge the decision.
(Part 2, Ord. 1577-NS, eff. July 27, 2012)