A. Massage establishment owners and operators who do not possess a current and valid CAMTC certificate are subject to a background check prior to the city's issuance of a business license. If a massage establishment has multiple owners and operators each of those owners shall be subject to a background check and each shall be considered an "applicant" for purposes of applying for a business license.
B. Massage establishment owners and operators who are subject to a background check shall complete an application that requests information regarding topics including, but not limited to, the applicant's business, occupation, employment history for the five (5) years preceding the date of the application, and the name and address of any massage business or like establishment owned or operated by the applicant.
C. All massage establishment owners and operators who are subject to this section shall personally appear at the police department to be fingerprinted. The police department shall conduct, or shall cause to be conducted on its behalf, a background investigation of the applicant.
D. At the time of fingerprinting, the applicant shall pay to the police department a fingerprinting fee, and the cost of obtaining criminal history information and conducting a background investigation. Fees are set forth in the city's fee schedule in amounts established by resolution of the city council.
E. With respect to massage establishment owners who are subject to a background check, the chief of police shall determine, based on the background investigation and the information submitted with the application, whether a business license to operate a massage establishment in the city shall be issued. If the chief of police determines that the applicant is not qualified to operate a massage establishment, the chief of police shall inform the applicant in writing and specify the reasons for the denial. The city may deny a business license to a massage establishment owner for the following reasons:
1. The applicant has provided materially false information in applying for a business license.
2. Within five years immediately preceding the date of the filing of the application, the applicant has been convicted of, or pled guilty to, any of the following offenses: violation of Penal Code Sections 243.4, 261, 266a through 266j, inclusive, 267, 288, 314 to 316, inclusive, 318, 647(a), 647(b), 647(d), 647(i), or 647(j); any offense requiring registration under Penal Code Section 290 or Health and Safety Code Section 11590; 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, inclusive, as amended; any offense in another state which, if committed in California, would have been punishable as one or more of the offenses mentioned here; any offense involving the use of force or violence upon the person of another; or any offense involving theft, embezzlement, or moral turpitude.
3. The applicant has had a massage technician, massage establishment, or similar permit or license 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 revocation or suspension.
F. Any person aggrieved by the decision of the chief of police may appeal that decision to the city manager or designee by filing a notice of appeal within ten (10) days of being notified of the decision. The notice of appeal shall explain the reason(s) for the appeal. As soon as practicable after receiving the notice, the city manager's office shall set a date for the city manager to hear the appeal. The city manager shall render his or her decision within thirty (30) days of the conclusion of the hearing, unless the parties agree otherwise. The city manager shall notify the appellant in writing of the decision within ten (10) days of that decision being made. The city manager's decision shall be final.
G. The massage establishment owner shall be responsible for notifying the city when it hires a new operator for the massage establishment. Such notification shall be in writing and provided to the city within five (5) business days of the commencement of the new operator's employment. If the new operator is subject to a background check pursuant to this section, he or she shall have thirty (30) days from date of hire to submit the application required by this section, to personally appear at the police department for fingerprinting, and to pay all applicable fees.
(Ord. 423 § 1, 2023)