Article III — Out Call Massage Services

It is unlawful for any person to provide out call massage services unless such person is a certified massage therapist or certified massage practitioner.

(Ord. 1136, 4-6-2010)

Article IV

Prohibited Conduct, Procedures and Penalties

It is unlawful for any certified massage therapist or certified massage practitioner, or for any permittee to permit or allow any certified massage therapist or certified massage practitioner, to touch or massage the genital area of any patron or the breasts of any female patron, or for any massage establishment to allow or permit such massage. Massaging of the breasts is permissible provided the recipient has consented in writing and possesses a written referral recommending such massage by a licensed California health care provider.

(Ord. 1136, 4-6-2010; Ord. 1180, 1-19-2016)

When the grounds for revocation under this chapter are that the permittee is suspected of illegal, improper, or otherwise objectionable conduct in violation of this chapter, the permit may be suspended until the revocation hearing procedure has been completed. (Ord. 1136, 4-6-2010)

The Director may, after notice and hearing, revoke the massage establishment permit of any person, firm, partnership or corporation holding the same upon receipt of satisfactory evidence that:

• A. The permittee has made a material misrepresentation on the permit application;

• B. The permittee, any managing responsible employee thereof or any person enumerated in subparagraph 5.220.040.D.9. or subparagraph 5.220.040.D.10. of Article I hereof has been convicted of or entered a plea of guilty or nolo contendere to any charge of a violation of any state, federal or other governmental law similar to and including Cal. Penal Code § 290, any violation of any statute for which the permittee is required to register pursuant to § 290 or any such similar registration law, or any crime that involves conduct which is a violation of any state, federal or other governmental law similar to and including Cal. Penal Code §§ 266h, 266i, 314, 315, 316, 318, 647, or any other crime involving the elements of the foregoing code sections, by way of plea bargain, or any other crime involving dishonesty, fraud, deceit or moral turpitude, or any lesser included offense; or

• C. The permittee, any managing responsible employee, or any employee, representative, or agent of the permittee, or any certified massage therapist or certified massage practitioner employed by the permittee, has engaged in conduct constituting a violation of this chapter or of any of the enumerated statutes or crimes set forth in subparagraph 5.220.420.B., above. The Director shall provide the permittee with written notice of the revocation by U.S. mail, with a proof of service attached, addressed to the street address of the massage establishment as shown on the application; or

• D. The massage establishment no longer satisfies the approval requirements set forth in § 5.220.040, including, but not limited to, failure of a massage establishment to use or employ only certified massage therapists or certified massage practitioners to provide massage services.

(Ord. 1136, 4-6-2010)

• A. The applicant or permittee, as the case may be, within ten (10) business days after the date of denial of an application for a permit under Article I hereof, or notice of revocation, may file an appeal with the City Clerk to be taken to the Hearing Officer. In the event an appeal of a revocation is timely filed, and the grounds for revocation are those set forth in § 5.220.410, then a suspension of the permit shall be in effect until the final decision has been rendered by the hearing officer.

• B. If the applicant or permittee fails to timely file an appeal, then the denial/revocation shall take effect immediately upon expiration of the appeal filing period. No permit shall be revoked until after a hearing has been held before the Hearing Officer to determine good cause for such revocation, or the appeal filing period has lapsed. It is unlawful for any person to conduct a massage establishment or carry on the business of massage until the revoked permit has been reinstated by the Hearing Officer.

• C. Notice of such hearing shall be given in writing and mailed at least ten (10) days prior to the date of the hearing, by U.S. mail, with a proof of service attached, addressed to the address listed on the massage establishment application. The notice shall state the grounds for denial or revocation, and the time and place where such hearing will be held.

• D. After the hearing, the Hearing Officer shall render a written decision within ten (10) business days from the date the matter is submitted for decision. The action of the Hearing Officer shall be final and conclusive.

• (Ord. 1136, 4-6-2010)

Unless otherwise specifically provided by law, the burden is on the city in any hearing under this Article IV to prove that the determination of the Director that is being appealed is reasonable, and not an abuse of discretion.

(Ord. 1136, 4-6-2010)

• A. It is unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of this chapter.

• B. Any person, firm, partnership or corporation violating any provisions of this chapter or failing to comply with any of the requirements thereof shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each and every person, firm, partnership or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this chapter.

• (Ord. 1136, 4-6-2010)

The violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. (Ord. 1136, 4-6-2010)