Burbank Municipal Code Div. 4 Miscellaneous Provisions

3-4-2212: OPERATIVE DATE:

Any person conducting or carrying on an establishment or business described herein, and all individuals operating or engaged as a masseur, masseuse or massage technician on the date this article becomes effective, shall apply for and obtain, if qualified therefor, the licenses and permits required by this article within ninety (90) days of its effective date. [Added by Ord. No. 2909; formerly numbered Section 8- 211; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-2213: NOTIFICATION OF CHANGE:

An applicant for a permit to operate or conduct a massage establishment or an off premises massage business, or a holder of such a permit, shall report immediately to the Community Development Department any change in address of any person having a financial interest in such massage establishment or off premises massage business, or any transfer of financial interest therein. [Added by Ord. No. 2909; formerly numbered Section 8-212; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-2214: VIOLATION AND PENALTY:

A. Violation of this article is a misdemeanor and is punishable as provided for in this code. Revocation of a license or permit shall not be a defense against prosecution.

B. Any massage establishment or off premises massage business operated, conducted or maintained contrary to the provisions of this article shall be, and the same is hereby, declared to be unlawful and a public nuisance, and the City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for the abatement, removal and enjoinment thereof, in the manner provided by law; and the City Attorney shall take such other steps and shall apply to such court as may have jurisdiction to grant such relief as will abate or remove such massage establishment or off premises massage business and restrain and enjoin any person from operating, conducting, or maintaining such establishment or business contrary to the provisions of this article. [Added by Ord. No. 2909; formerly numbered Section 8-213; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-2215: ANNUAL RENEWAL APPLICATION:

A. Every permit issued under this article shall expire on June 30 of each year.

B. An unrevoked permit may be renewed for one year on written application to the Community Development Department made on or before July 1 of each year, accompanied by the required renewal fee; provided, however, that said renewal application shall not be made prior to May 15 of said year.

C. An applicant for renewal of a massage technician permit shall update, under penalty of perjury, all information set forth on the original application for permit, and shall submit a new certificate from a medical doctor as required by subsection 3-4-2208C11 of this article.

Renewal of such permit shall not require passage of an examination. The annual permit renewal fee shall be in the amount set forth in the Burbank Fee Resolution and, if endorsed for off premises work, the additional sum in the amount set forth in the Burbank Fee Resolution. If the permittee fails to deliver such a medical certificate or fails to provide such updated information, or fails to pay the above referenced renewal fee, within thirty (30) days following the anniversary date of the massage technician permit, then said permit shall be null and void and shall be revoked by operation of this subsection C.

D. An applicant for renewal of a massage establishment permit or off premises massage business permit shall update, under penalty of perjury, all information set forth on the original application for permit, and shall be subject to an inspection by the Health Department to determine if the permittee is in compliance with all applicable health laws. The annual permit renewal fee shall be in the amount set forth in the Burbank Fee Resolution, plus the actual cost of any inspection by the Health Department required hereunder. If the permittee fails to provide such updated information, or fails to obtain a letter of compliance from the Health Department, or fails to pay the above referenced fee, within thirty (30) days following the anniversary date of the permit, then said permit shall be null and void and shall be revoked by operation of this subsection D. [Added by Ord. No. 2909; formerly numbered Section 8-214; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 3623.]

3-4-2216: NEW APPLICATION AFTER DENIAL OR REVOCATION OF PERMIT:

No person may apply for any permit authorized by this article within one year from any denial or revocation of such permit unless the cause of the denial or revocation has, to the satisfaction of the Community Development Department or Chief of Police, been removed within such time. [Added by Ord. No. 2909; formerly numbered Section 8-215; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-2217: NO EFFECT ON ZONING LAW:

The payment of license and permit fees hereunder shall be independent of any processing of an application for a conditional use permit or other zoning matters relating to the location of massage establishments or off premises massage businesses within the City. [Added by Ord. No. 2909; formerly numbered Section 8-216; renumbered by Ord. No. 3058, eff. 2/21/87.]