A. The city manager or designee shall be responsible for granting or denying all massage therapy permits described in this chapter.
B. It shall be unlawful for any person, entity, association, partnership, or corporation to engage in or conduct upon any premises within the city the operation of a massage establishment unless:
1. All persons providing massage at the establishment are certified or permitted massage technicians as herein described; and
2. The massage establishment owner has first obtained a massage establishment permit pursuant to this chapter and a business license pursuant to Title 5 of this code.
3. The massage establishment permit requirement is separate from, and in addition to, the business license requirement and any other license, permit, or certificate requirement under any applicable statute or other provisions of the municipal code.
C. All owners of a massage establishment, or their duly authorized agent, shall file an application for a massage establishment permit with the following information and documents for massage therapy establishment permits:
1. If the applicant is:
a. An individual, the applicant shall provide his or her legal name, any aliases, and date of birth.
b. A partnership, the applicant shall provide the complete name of the partnership, the legal names of all the general partners, any aliases, and dates of birth.
c. A corporation, the applicant shall provide the complete name of the corporation, the legal names and any aliases, dates of birth and capacity of all officers.
2. The name of the business;
3. The name of the prospective on-site manager, if different from the applicant;
4. The location of the proposed massage therapy establishment, including a legal description of the property, street address, and telephone number(s) currently in service;
5. The applicant's home and/or business address and the home and/or business address of the prospective on-site manager if other than the applicant;
6. A recent photograph of the applicant and the prospective on-site manager if other than the applicant;
7. Driver's license number or identification number of the applicant and the prospective on-site manager if other than the applicant;
8. The applicant's and the prospective on-site manager's, if other than the applicant, fingerprints taken by the police department or other law enforcement agency within the previous sixty (60) days, and approved by the police chief;
9. The applicant's and the prospective on-site manager's, if other than the applicant, social security numbers and/or state or federally issued tax identification number;
10. The previous addresses of applicant and the prospective on-site manager, if other than the applicant for the ten years prior to the date of the application and the dates of residency at each such address;
11. The names, addresses, and descriptions of all current and former businesses owned, operated, or managed by applicant and prospective on-site manager, if other than the applicant for the ten (10) years prior to the date of the application and the dates the applicant and the prospective on-site manager owned, operated or managed such business;
12. If the application is for a sole proprietor, a sealed certified transcript and a certified copy of the prospective on-site manager's or operator's (if other than applicant) diploma or certificate of graduation from a recognized school of massage verifying that the applicant has completed in accordance with Chapter 10.5 of Division 2 of the Business and Professions Code (commencing with Section 4600) unless the prospective on-site manager or operator is certified under the CAMTC;
13. A list of all of applicant's and prospective on-site manager's, if other than the applicant convictions, excluding traffic violations;
14. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, that provides that the declarant has not been convicted in this state and any other state of any offense which, if committed or attempted, would have been as punishable as the following offenses set forth in this state: (a) pandering as set forth in California Penal Code Section 266(i), (b) keeping or residing in a house of ill-fame as set forth in California Penal Code Section 315, (c) keeping a disorderly house as set forth in California Penal Code Section 316, (d) prevailing upon a person to visit a place of illegal gambling or prostitution as set forth in California Penal Code Section 318, (e) lewd conduct as set forth in California Penal Code Section 647(a), or (f) prostitution activities as set forth in California Penal Code Section 647(b);
15. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, that provides that the declarant is not required to register as a sex offender as set forth in California Penal Code Section 290;
16. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, that provides that the declarant has not been convicted in this state and any other state of any offense which, if committed or attempted in this state, would have been as punishable as the felony offense involving the sale of any controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057, or 11058;
17. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, regarding whether the declarant has had any previous massage therapy permit issued pursuant to this chapter or any other jurisdiction, which was denied, suspended or revoked; and if any such denial, suspension or revocation occurred, the declarant shall provide the name and location of the massage establishment, the date, and reasons for which the license or permit was denied, suspended or revoked.
18. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, regarding whether the declarant has been a sole proprietor, general partner, officer, or director of any massage establishment or business that has had a previous massage establishment permit or other massage permit issued pursuant to this chapter or any other jurisdiction which was denied, suspended or revoked and if any such denial, suspension or revocation occurred, the declarant shall provide the name and location of the massage establishment or business, the date, and reasons for which the permit was denied, suspended or revoked.
19. A certified statement from the real property owner authorizing the proposed use of the premises as a massage therapy establishment; and
20. A sketch or diagram showing the configuration of the premises of the massage therapy establishment, drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches, including a statement of total floor space occupied by the massage therapy establishment.
D. The applicant shall provide proof of legal title or a possessory or leasehold interest in the real property upon which the proposed massage establishment will be operated.
E. The applicant and the prospective on-site manager, if other than the applicant, shall provide the police department with the current processing fee and with the authorization to conduct the necessary investigations to determine the truthfulness and correctness of the information provided by applicant and to determine whether applicant is qualified pursuant to this chapter to receive the requested massage therapy establishment permit.
F. The applicant and the prospective on-site manager, if other than the applicant, shall date and sign the application under penalty of perjury that the information contained in the application is true and correct.
G. The applicant shall pay an application deposit fee in an amount set by the city council at the time of filing an application pursuant to this section, to pay for the administrative costs associated with the development services department's review of the application. If additional funds are necessary to cover the above costs, the applicant shall pay such additional costs to the city before further processing of the application may proceed. Any unused portion of the deposit shall be refunded to the applicant.
(Ord. 423 § 1, 2023)