Citrus Heights Municipal Code Div. 2 Licenses and Certifications

Except as otherwise provided by this article, it is unlawful for any person to operate, engage in, carry on, or allow the operation of a massage establishment without having a valid and unexpired general business license issued pursuant to article II of this chapter and a massage establishment license issued pursuant to this article. A person shall be deemed to operate or conduct a business and violate this article if the person, without the required general business license and massage establishment license in effect, supervises, inspects, directs, organizes, manages or controls or is in any way responsible for, or in charge of, the business for which the license is required.

(Ord. No. 2016-010, § 1, 9-22-2016; Ord. No. 2018-03, § 1(Exh. A), 10-11-2018)

A massage establishment license issued pursuant to this article shall be valid for a period of one year from the date of its issuance and shall then automatically expire unless renewed pursuant to the terms of this article.

(Ord. No. 2016-010, § 1, 9-22-2016; Ord. No. 2018-03, § 1(Exh. A), 10-11-2018)

The applicant for a massage establishment license shall be the responsible person, who shall hold a valid and unexpired CAMTC certificate. The responsible person shall also provide documentation to the city evidencing that the business, corporation, partnership or entity that owns the massage establishment has designated him or her as the responsible person. If the license is issued, the responsible person shall hold a valid and unexpired CAMTC certificate throughout the term of the license.

(Ord. No. 2016-010, § 1, 9-22-2016; Ord. No. 2018-03, § 1(Exh. A), 10-11-2018)

(a) Applications for a massage establishment license to operate a massage establishment shall be filed on a form by the responsible person and shall contain such information as required by the business license administrator, including but not limited to, all of the following information:

(1) The full legal name and any other names used by the responsible person.

(2) The business name, address and telephone number of the proposed massage establishment for which the license is sought.

(3) The current residential address and telephone number of the responsible person, and the two previous residential addresses and business addresses, if any.

(4) If the proposed massage establishment business is:

a. A sole proprietorship, the responsible person shall provide the name of the sole owner of the business (if different from the responsible person).

b. A partnership, the responsible person shall state the partnership's complete name, address, the name of each owner, whether the partnership is general or limited, and a copy of the partnership agreement, if any.

c. A corporation, the responsible person shall state the corporation's complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers and directors, the name of each owner, and the name of the registered corporate agent and the address of the registered office for service or process.

d. A business association, the responsible person shall state the business association's complete legal name and the name of each owner.

e. A limited liability company, the responsible person shall state the company's complete legal name and the name of each owner.

f. Another type of business entity, the responsible person shall state the entity's complete legal name and the name of each owner.

(5) The name and address of the owner of the real property upon or in which the proposed massage business is to be conducted. In the event the applicant is not the legal owner of the property, the application must be submitted with a copy of a valid or current lease agreement for the property, which includes specific language from the owner of the property acknowledging that a massage business will be located on the property. If the lease does not contain such language, then the applicant shall submit other documentation demonstrating the property owner's knowledge and approval of the operation of a massage business on property. The city may also provide the property owner with copies of the license or notices issued to an applicant at any time before or after the issuance of a license, or with copies of any communication between the city and applicant.

(6) A list stating the number of massage therapists the applicant intends to employ at the establishment, the full name, date of birth, current address, and telephone number of each person who will perform massage at the establishment, the identification number and expiration date of each therapist's CAMTC certificate, and how many massage therapists the applicant intends to be working on-site performing massages simultaneously. If the applicant is proposing to retain a massage therapist as an independent contractor, the applicant must also provide sufficient information demonstrating that such massage professional is operating as an independent contractor.

(7) Except as specified in subsection (d), each owner of a massage establishment shall file an application for a background check, including the following:

a. The individual's legal name, height, weight, color of eyes, and hair;

b. A copy of a valid and current driver's license and/or identification issued by a state or federal government agency or other photographic identification bearing a bona fide seal by a foreign government showing, to the satisfaction of the city, that the individual is at least 18 years of age;

c. The individual's business, occupation or employment history for the five years immediately preceding the date of the application;

d. The name and address of any massage establishment or similar business owned or operated by the person whether inside or outside the city or state;

e. The massage or similar business license history of the individual, including whether such person, in previously operating in this city or another city, county or state under a license or permit, has had such license or permit revoked or suspended, and the reasons and dates for any such revocation or suspension;

f. All criminal charges within the past ten years, and all criminal convictions since the age of 18, except minor traffic violations;

g. Two identical passport photos; and

h. The individual shall be fingerprinted, and such fingerprints shall be submitted to the department of justice for a criminal background check.

(8) A statement as to whether the proposed business intends to provide massage services off-site.

(9) Information demonstrating that the proposed business is consistent with the applicable land use designation and city zoning code.

(10) A floor plan showing the layout of the massage establishment, to the specifications required by the community and economic development department.

(11) An acknowledgement signed by the responsible person and each owner of the massage establishment that all information contained in the application is true and correct; that the responsible person shall be responsible for all conduct of the business's employees; and acknowledging that the failure of the business, responsible person, any owner, or any employee to comply with Business and Professions Code § 4600 et seq., and any local, state, or federal law, including CAMTC rules or regulations and the provisions of this article, may result in revocation of the massage establishment license.

(12) Such other identification and information as may be required by the city to verify the truth of the matters specified in this section, or any additional information required to show that the applicant has met the minimum qualifications to be licensed pursuant of this article.

(b) An application is deemed complete and validly filed when the business license administrator has received all information required by this Code, including the results of the department of justice criminal background check, and has received any fees associated with the application or application processing. However, where a building permit is necessary as a prerequisite to occupancy of a building, the massage establishment license application is not complete and validly filed until proof of submittal of the building permit application is provided to the business license administrator. In the event the business license administrator requires further information, or deems the application incomplete, the applicant shall be notified in writing of the required information. Additional information shall be provided within 15 calendar days from the date of the request, after which the application will be deemed withdrawn. Withdrawn or incomplete applications shall be denied.

(c) If an owner is a CAMTC certificate holder, submission of a copy of the CAMTC certificate and CAMTC identification card shall deem the person exempt from the requirements set forth in subsection (a)(7) of this section.

(d) A current and valid policy of insurance issued by an insurance company authorized to do business in the State of California evidencing that the applicant is insured under a liability insurance providing the minimum coverage of $1,000,000.00 for injury or death to any one person arising out of the operations of any massage business and the administration of a massage.

(Ord. No. 2016-010, § 1, 9-22-2016; Ord. No. 2018-03, § 1(Exh. A), 10-11-2018; Ord. No. 2026-003, § 3(Exh. A), 6-10-2026)

Except as otherwise provided in this article, it is unlawful for any person to perform massage without having a valid and unexpired CAMTC certificate.

(Ord. No. 2016-010, § 1, 9-22-2016; Ord. No. 2018-03, § 1(Exh. A), 10-11-2018)

(a) The business license administrator shall impose nonrefundable fees to recover the administrative costs of processing applications; issuing and renewing massage establishment licenses; and administering this chapter. Such fees shall be established by resolution of the city council, amended from time to time. To the extent the city council determines practical, such fees may vary depending on the type of license for the sole purpose of apportioning relative regulatory costs to parties regulated.

(b) The business license administrator shall impose nonrefundable fees to recover the costs of issuing duplicate copies of massage establishment business licenses. Such fees shall be established by resolution of the city council, amended from time to time.

(Ord. No. 2016-010, § 1, 9-22-2016; Ord. No. 2018-03, § 1(Exh. A), 10-11-2018)

Under this article, the chief of police shall investigate the background of each owner, as deemed appropriate. The owner shall pay fees for fingerprinting or investigation required by the city for such services. If an owner is a CAMTC certificate holder, the chief of police shall waive the background investigation for that owner. The chief of police shall evaluate each application to evaluate whether an owner's involvement in the operation of the business involves an unreasonable risk to the health, safety or general welfare of the public.

(Ord. No. 2016-010, § 1, 9-22-2016; Ord. No. 2018-03, § 1(Exh. A), 10-11-2018)

(a) The business license department shall issue the massage establishment license not later than 60 days after the date a complete application is filed, unless grounds for denial established in this article or otherwise applicable code sections exist.

(b) A massage establishment license shall not be transferable or assignable from one person to another, or from one location to another. A new massage establishment license application shall be required for any change in the identity of the responsible person and/or owner(s).

(c) No massage establishment license shall be issued for a change in the identity of the responsible person and/or owner, if the massage establishment, or another massage establishment operating at the same location, is under investigation by a law enforcement agency. Upon completion of the law enforcement agency's investigation, the business license administrator shall process the application for change in the identity of the responsible person and/or owner in accordance with this article.

(Ord. No. 2016-010, § 1, 9-22-2016; Ord. No. 2018-03, § 1(Exh. A), 10-11-2018)

(a) The business license administrator may issue a massage establishment license upon such conditions relating to the method or manner of operation of the business as he/she deems necessary to adequately protect members of the public in their patronage or dealings with the business or to reduce the incidence, detect the commission, or identify perpetrators of crime. Such conditions may be imposed at the time an establishment license is initially issued, upon renewal of the license, or at any time during the term of the license.

(b) Written notice of conditions imposed on the establishment license and the reasons for the conditions shall be provided to the applicant or license holder.

(c) Conditions imposed at the issuance of the establishment license become effective immediately following the date of service of the notice thereof. The applicant is entitled to appeal the conditions within the time and manner prescribed; however, the massage establishment license shall not be effective until the appeal is finally determined.

(d) Conditions imposed at the time of renewal or during the term of the massage establishment license become effective 15 days following the date of service of the notice thereof; however, if an appeal is filed within the time and manner prescribed, the conditions shall not become effective until the appeal is finally determined.

(Ord. No. 2016-010, § 1, 9-22-2016; Ord. No. 2018-03, § 1(Exh. A), 10-11-2018)

(a) The business license administrator shall deny an initial application for a massage establishment license or an application for renewal of a massage establishment license if the business license administrator or police chief finds any of the following:

(1) That the applicant, massage establishment licensee, responsible person and/or owners of the massage business, have engaged in unlawful activity, or 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:

a. Penal Code §§ 266i, 315, 316, 318 or 647(b) of the state or that the massage personnel or the owners of a massage establishment are required to register under Penal Code § 290;

b. Any felony offense involving the sale of a controlled substance specified in the Health and Safety Code §§ 11054, 11055, 11056, 11057 or 11058;

c. Any crime or unlawful activity, on the basis of which the chief of police reasonably concludes that by reason of the nature of the crime or activity, the applicant's operation of a massage establishment would pose a risk of harm to the public;

(2) That the applicant/responsible person, owners and/or employees of the massage business have engaged in unprofessional conduct, including but not limited to, personal conduct or operation of a business resulting in denial of a license, revocation, suspension, restriction, or any other disciplinary action taken against an applicant, licensee, responsible person, owner and/or employee by the city, by another state, by any other governmental agency, or by CAMTC;

(3) That the massage establishment, as proposed, does not comply with all applicable laws, including, but not limited to, health, zoning, fire, building and safety requirements and standards imposed by the laws of the state and the ordinances of the city, including this article.

(4) That the applicant failed to provide all requisite information in connection with the application requested by the city, preventing the chief of police from making his or her determination as to suitability to conduct work at the business;

(5) That the applicant does not meet the qualifications necessary for issuance of a massage establishment license as required by this Code;

(6) That statements made in the application or any information submitted supplementary to the application are incorrect or untrue;

(7) That the responsible person is under the age of 18 years of age;

(8) That, based on specific facts identified by the chief of police, the chief of police reasonably concludes that the operation of the proposed massage establishment would pose a risk to the public, that the applicant would not conduct the business in a law abiding or professional manner, and/or that the operation of the proposed business would subject patrons of the business to a risk of harm or criminal, deceitful or otherwise unethical practices;

(9) That another massage establishment is or was operating at that same location and any of the following are true:

a. The other business's massage establishment license is suspended or was revoked or denied renewal for cause within the previous five years;

b. The other business's owner had a massage establishment license suspended, revoked, or denied for cause within the previous five years;

c. The business license administrator has served a notice of suspension, revocation, or denial of renewal regarding the other business's massage establishment license within the previous 15 days; or

d. An appeal from a notice of suspension, revocation, or denial of renewal is pending;

(b) In addition to the above grounds for denial of a massage establishment license, the business license administrator shall also deny an application for renewal of a massage establishment license if he/she determines that:

(1) One or more conditions applicable to the previous license have been violated;

(2) The business and/or its employees do not comply with city, state, federal or otherwise applicable, codes, rules, regulations or laws, including CAMTC rules or regulations.

(Ord. No. 2016-010, § 1, 9-22-2016; Ord. No. 2018-03, § 1(Exh. A), 10-11-2018; Ord. No. 2026-003, § 4(Exh. A), 6-10-2026)

(a) The business license administrator's denial of an initial application or application for renewal of a massage establishment license shall be in writing, with the reasons stated therefor. Written notice of the denial, together and a copy of this division, or any applicable code provisions applicable to the license, shall be sent to the applicant.

(b) Denial of an initial application or application for renewal of a massage establishment license shall prohibit operation of the business at any location within the city.

(c) With respect to denial of an application for renewal of a massage establishment license the immediately preceding license shall be deemed to be in full force and effect for a period of 15 days following the date of service upon the applicant of the notice of denial. If the licensee files an appeal within the time and manner prescribed, the immediately preceding massage establishment license shall continue in full force and effect until the appeal is finally determined.

(Ord. No. 2016-010, § 1, 9-22-2016; Ord. No. 2018-03, § 1(Exh. A), 10-11-2018)

(a) Prior to any new employee performing massage at a massage establishment, a massage establishment shall provide the business license administrator with an updated list stating the number of massage therapists employed at the establishment, the full name, date of birth, current address, and telephone number of each person who performs or will perform massage at the establishment, the identification number and expiration date of each therapist's CAMTC certificate, and how many massage therapists the applicant intends to be working on-site performing massages simultaneously.

(b) Every massage therapist shall, prior to performing massage at any massage establishment in the city, appear in person before the business license administrator or his or her designee and present a copy of his or her CAMTC certificate and CAMTC identification card. The business license administrator or his or her designee shall verify that the massage therapist appears on the list of employees provided by a massage establishment; verify the massage therapist's identity; and photocopy the therapist's CAMTC certificate and CAMTC identification card.

(c) A massage establishment shall notify the business license administrator in writing of the name and CAMTC identification number of each massage provider who is no longer an employee of the massage establishment within five days of that person no longer being employed at the business.

(Ord. No. 2016-010, § 1, 9-22-2016; Ord. No. 2018-03, § 1(Exh. A), 10-11-2018)