822.12  MASSAGIST PERMIT.
   (a)   Required.  No person shall practice massage as a massagist, employee or otherwise, unless he or she has a valid and subsisting massagist's permit issued to him or her by the City pursuant to the provisions of this section.
   (b)   Application.  Application for a massagist's business permit shall be made to the City Clerk in the same manner as provided in Section 822.11 for massage establishment licenses, accompanied by the annual non-refundable massagist's permit fee as set by resolution of the Council. The application shall contain but not be limited to the following:
      (1)   The business address and all telephone numbers where the massage is to be practiced;
      (2)   Name and resident address, and all names, nicknames and aliases by which the applicant has been known, including the two previous addresses immediately prior to the present address of the applicant;
      (3)   Social security number, driver's license number, if any, and date of birth;
      (4)   Applicant's weight, height, color of hair and eyes, and sex;
      (5)   Written evidence that the applicant is at least 18 years of age;
      (6)   A complete statement of all convictions of the applicant for any felony or misdemeanor or violation of a local ordinance, except misdemeanor traffic violations;
      (7)   Fingerprints of the applicant taken by the Police Department;
      (8)   Two front-face portrait photographs taken within 30 days of application and at least two inches by two inches in size;
      (9)   The name and address of the school attended, the dates attended and a copy of the diploma or certificate of graduation awarded the applicant, showing certificate of graduation awarded the applicant, showing the applicant has completed not less than 70 hours of instruction;
      (10)   The massage or similar business history and experience ten years prior to the date of application, including but not limited to whether or not such person, in previously operating in this or another city or state under license or permit, has had such license or permit denied, revoked, or suspended and the reasons therefor, and the business activities or occupations subsequent to such action of denial, suspension or revocation;
      (11)   A medical certificate signed by a physician licensed to practice in the State within seven days of the date of the application, stating that the applicant was examined by the certifying physician and that the applicant is free of communicable disease. The additional information required by this division shall be provided at the applicant's expense;
      (12)   Such other information, identification and physical examination of the person deemed necessary by the Police Department in order to discover the truth of the matters required by this section to be set forth in this application;
      (13)   Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the statement set forth in the application and the qualification of the applicant for the permit;
      (14)   Written declaration by the applicant, under penalty or perjury that the foregoing information contained in the application is true and correct, such declaration being duly dated and signed in the City.
   (c)   Waiver of Educational Requirement.  The City Clerk may waive the requirements of division (b)(9) of this section if the applicant furnished satisfactory evidence that he or she attended not less than 70 hours of instruction in a school within or outside this State or in any foreign country that provided education substantially equal to or in excess of the educational requirements of this section.
   (d)   Grounds for Denial.  The City shall issue a permit for a masseur or masseuse after ratification by the Department of Building and Engineering, City Clerk and Police Departments, that requirements for a massagist permit described by this section are met unless it finds:
      (1)   That the correct permit fee has not been tendered to the City and, in the case of a check or bank draft, honored with payment upon presentation;
      (2)   A.   The applicant has been convicted of any of the following offenses or convicted of an offense outside the State that would have constituted any of the following offenses if committed within the State:
            1.   An offense involving the use of force and violence upon the person of another that amounts to a felony;
            2.   An offense involving sexual misconduct;
            3.   An offense involving narcotics, dangerous drugs or dangerous weapons that amounts to a felony.
         B.   The City may issue a permit to any person convicted of any of the crimes described in division (d)(2)A. if it finds that such conviction occurred at least five years prior to the date of the application and the applicant has no subsequent felony convictions of any nature and no subsequent misdemeanor convictions for crimes mentioned in this section.
      (3)   The applicant has knowingly made any false, misleading, or fraudulent statement of fact in the permit application or in any document required by the City in conjunction therewith;
      (4)   The applicant has had a massage business, masseur, or other similar permit or license denied, revoked or suspended by the City or any other State or local agency within five years prior to the date of the application;
      (5)   The applicant is not over the age of 18 years.
   (e)   Approval or Denial of Application.  The City shall act to approve or deny an application for a permit under this section within a reasonable period of time and in no event shall the City act to approve or deny the permit later than 90 days from the date that the application was accepted by the City Clerk. The applicant must appeal the denial of an application to Council.
   (f)   Posting.  Every massagist shall post the permit required by this section in his or her work area.
   (g)   Transferability.  No permit shall be transferable except with the consent of the City and ratified by the Council. An application for such transfer shall be in writing and shall be accompanied by the fee required in Section 822.12(b). The written application for such transfer shall contain the same information as requested in this section for initial application for the permit.
   (h)   Revocation.  A masseur or masseuse permit issued by the City Clerk shall be revoked or suspended where it appears that the masseur or masseuse has been convicted of any offense which would be cause for denial of a permit upon an original application, has made a false statement on a application for a permit, or has committed an act in violation of this chapter. Such revocation may be appealed to the City Council.
(Ord. 2002-28.  Passed 9-17-02.)