Citrus Heights Municipal Code Div. 4 Revocation or Suspension of Massage Establishment License

A massage establishment license may be suspended for not longer than one year or revoked during its term if the business license administrator finds in writing:

(1) That pursuant to section 22-619, grounds for denial of an initial application for a massage establishment license exist, including but not limited to, untrue statements made in the application or conviction of a crime that would inhibit the person's ability to conduct the business in a law abiding manner; or

(2) The business has operated in a manner, or is housed on premises or within a building which violates or is in violation of any city, state, federal, or otherwise applicable codes, rules, regulations or laws, or CAMTC rules or regulations, including, but not limited to, violations by the responsible person or employees; or

(3) The licensee has violated one or more conditions imposed upon the license; or

(4) The licensee has demonstrated a pattern of violating or failing to comply with the terms and conditions of the license; or

(5) The licensee has demonstrated a pattern of violating any other provisions of this article or any federal, state or local law or regulation related to their license activity; or

(6) The licensee employs, retains or otherwise allows any person to provide massage services without: (1) an active and valid certificate from the CAMTC as massage therapist or massage practitioner; or (2) qualifying as an exempt therapist and having a valid exemption certificate.

(7) The licensee, their agent(s), employee(s) or independent contractor(s) have been cited for and/ or found to have engaged in unprofessional conduct, including, but not limited to, any of the following:

a. Engaging in sexually suggestive advertising related to massage services.

b. Engaging in any form of sexual activity on the premises of a massage business where massage is provided for compensation.

c. Engaging in sexual activity while providing massage services for compensation.

d. Practicing massage on a suspended or revoked license or certificate.

e. Providing massage of the specified anatomical areas.

(8) Dressing while engaged in the practice of massage or while visible to clients in the massage establishment in any of the following:

a. Attire that is transparent, see-through or exposes undergarments.

b. Attire that exposes the massage professional's specified anatomical areas.

c. A manner that violates California Penal Code § 314, as may be amended.

d. A manner that deemed by the CAMTC to constitute unprofessional attire based on the custom and practice of the profession in California.

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

(a) The finance department may revoke a massage establishment license by issuing written notice of the suspension or revocation, stating the reasons therefor, and serving the notice and a copy of this article or any otherwise applicable code sections, upon the holder of the license.

(b) The revocation or suspension shall become effective 15 days following the date of service upon the licensee of the notice of revocation or suspension. If the licensee files an appeal within the time and manner prescribed, the license shall remain in effect until the appeal is finally determined.

(c) A massage establishment license may be temporarily suspended pending disposition of an appeal, if any, if the business license administrator finds that such temporary suspension is necessary in order to protect against a serious and immediate threat to the health, safety or welfare of the public caused by exercise of the license. If the business license administrator orders a temporary suspension, the notice of suspension shall be delivered to each place of business licensed, served upon the licensee, and shall contain the following:

(1) The finding justifying the temporary suspension;

(2) The time, date, and place at which the licensee may appear in advance of the commencement of the temporary suspension for the purpose of showing cause to the hearing officer as to why the suspension is not necessary; and

(3) The time and date on which the temporary suspension commences, which shall not be earlier than 24 hours following the time and date of delivery of the notice.

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

(a) The holder of a massage establishment license or applicant for a massage establishment license may appeal from the following:

(1) The denial of an initial application or renewal of a massage establishment license;

(2) The imposition of conditions on an initial massage establishment license at the time of issuance;

(3) The imposition of conditions on a massage establishment license at the time of renewal of the license or during the term of the license;

(4) The suspension or revocation of a massage establishment license; or

(5) The determination that the licensing requirements of this division apply to any person or business.

(b) An appeal pursuant to this section shall be in writing, shall state the specific reasons for the appeal and the grounds asserted for relief, and be accompanied by a non-refundable appeals processing fee set by city council resolution. The appeal shall be filed with the business license administrator no later than 15 days after the date of service of the notice providing the grounds for appeal. The failure to file an appeal within the time or in the manner prescribed in this section, or to include the appeals processing fee, waives the right to appeal.

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

(a) No later than 30 days following the filing of a timely appeal, a hearing shall be held to determine whether the appeal shall be granted. The city shall provide the appellant written notice of the time, date, and place of the hearing no later than ten days before the hearing date.

(b) The business license administrator shall have the burden of proof during the hearing, and prove that by a preponderance of the evidence that grounds for the business license administrator's action exist. The provisions of the California Administrative Procedure Act, Government Code § 11500 et seq., and formal rules of evidence do not apply at the hearing. At the conclusion of the hearing, the hearing officer shall prepare a written decision which either grants or denies the appeal and contains findings of fact and conclusions. The written decision shall be filed with the business license administrator no later than ten days following the date on which the hearing is closed. The business license administrator shall, within five days of the filing of such decision, serve the applicant or licensee with notice and copy of the written decision.

(c) With regard to an appeal from the imposition of conditions during the term of a massage establishment license, or on an application for renewal of a massage establishment business license, the business license administrator must demonstrate by substantial evidence the necessity of the conditions. If the imposition of such conditions is upheld, the hearing officer shall specifically provide findings regarding the evidence within the record supporting the determination.

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

The appealing party may request a one-time continuance upon showing of good cause. The request for a continuance must be in writing and submitted to the city clerk and the hearing officer, if any. If granted, the city may continue the hearing on its own initiative, but in no event shall the hearing begin later than 90 days after the date of a timely appeal request.

(Ord. No. 2026-003, § 7(Exh. A), 6-10-2026)

Editor's note— Ord. No. 2026-003, § 7(Exh. A), adopted June 10, 2026, renumbered the former §§ 22-644—22-647 as §§ 22-646—22-649 and enacted a new §§ 22-644, 22-645 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

If the appealing party fails to attend the scheduled hearing, the city may proceed to hold the hearing without the requesting person, and the requesting person will be deemed to have waived the right to an administrative hearing.

(Ord. No. 2026-003, § 7(Exh. A), 6-10-2026)

(a) With respect to appeals from the denial of an initial application for a massage establishment license, or the imposition of conditions on an initial application for a massage establishment license, the hearing officer's decision is final upon service of the hearing officer's decision upon the appellant.

(b) With respect to an appeal from the denial of a renewal of a massage establishment license, from the imposition of conditions on a massage establishment license at the time of renewal or during the term of the business license, or from the revocation of a massage establishment license, the hearing officer's decision is final 15 days after service of the hearing officer's decision on the appellant, unless city council review is requested either by the business license administrator or appellant.

(Ord. No. 2016-010, § 1, 9-22-2016; Ord. No. 2018-03, § 1(Exh. A), 10-11-2018; Ord. No. 2026-003, § 7(Exh. A), 6-10-2026)

Editor's note— Ord. No. 2026-003, § 7(Exh. A), adopted June 10, 2026, renumbered the former § 22-644 as § 22-646. The historical notation has been retained with the amended provisions for reference purposes.

(a) To request city council review of the hearing officer's decision, the applicant for a license, licensee, or business license administrator shall file a written request with the city clerk within 15 days following the date of service of the hearing officer's decision. The request for review shall state in detail the reasons for review, the error alleged in the hearing officer's decision, and include a copy of the hearing officer's decision attached to the request for review, and an appeals processing fee as set by city council resolution.

(b) Upon receipt of a request for review by city council, the city clerk shall schedule city council review not later than 30 calendar days following the date of filing of the notice of appeal. The city clerk shall provide notice of the time and date of the hearing to the appellant at least ten days in advance. The city council shall be authorized to deny the introduction of evidence and decide the matter after oral argument presented during the hearing, to admit supplementary evidence with respect to challenges or particular findings, or reject the findings and conclusions and conduct a de novo hearing. The determination by the city council granting or denying the appeal shall be final and shall be accompanied by findings of fact and conclusions, which may consist of an adoption by reference of those by the hearing officer.

(c) The city council is authorized to order the issuance or renewal of the massage establishment license, the revocation of the massage establishment license, suspension of the massage establishment license, or order the massage establishment license to remain in effect upon such terms and conditions as the city council deems necessary and appropriate.

(Ord. No. 2016-010, § 1, 9-22-2016; Ord. No. 2018-03, § 1(Exh. A), 10-11-2018; Ord. No. 2026-003, § 7(Exh. A), 6-10-2026)

Editor's note— Ord. No. 2026-003, § 7(Exh. A), adopted June 10, 2026, renumbered the former § 22-645 as § 22-647. The historical notation has been retained with the amended provisions for reference purposes.

(a) The revocation of a massage establishment license or denial of renewal of a massage establishment license for cause shall terminate the right of the licensee to engage in the business authorized by the license anywhere within the city for a period of five years following the effective date of revocation or denial. At the conclusion of such period, the former holder may file a written application for issuance of a new license with the business license administrator. The business license administrator may grant or deny the application pursuant to such terms and conditions necessary to ensure compliance with the law, including conditions relating to the rehabilitation of the applicant.

(b) The revocation of a massage establishment license or denial of renewal of a massage establishment license for cause shall automatically and without notice also revoke or deny renewal of each general business license issued for the same business at each location where the business is located.

(c) Reserved.

(d) The revocation of a massage establishment's general business license or massage establishment license, or denial of renewal of a massage establishment license for cause, shall prohibit the operation of a massage establishment in that same location for a period of five years. The revocation of a massage establishment's general business license or massage establishment license, or denial of renewal of a massage establishment license for cause, shall also prohibit a massage establishment, or any other business establishment operating in the same location, from using the same name and/or same phone number as the revoked or denied massage establishment for a period of five years.

(e) If a massage establishment's general business license or massage establishment license is revoked or renewal of a massage establishment license is denied for cause, neither the spouse, child, brother, sister or parent of the holder of the revoked license nor a person possessing an ownership interest in the business for which the license was revoked or who was an employee thereof shall be entitled to issuance of a massage establishment license for the business.

(f) For purposes of this article, denial of renewal of a massage establishment license "for cause" means denial of renewal pursuant to subsections (a)(1)—(3) or (b) of section 22-619.

(Ord. No. 2016-010, § 1, 9-22-2016; Ord. No. 2018-03, § 1(Exh. A), 10-11-2018; Ord. No. 2026-003, § 7(Exh. A), 6-10-2026)

Editor's note— Ord. No. 2026-003, § 7(Exh. A), adopted June 10, 2026, renumbered the former § 22-646 as § 22-648. The historical notation has been retained with the amended provisions for reference purposes.

It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city, the application of massage or the operation of a massage establishment if such person's license has been revoked, suspended, or denied renewal.

(Ord. No. 2016-010, § 1, 9-22-2016; Ord. No. 2018-03, § 1(Exh. A), 10-11-2018; Ord. No. 2026-003, § 7(Exh. A), 6-10-2026)

Editor's note— Ord. No. 2026-003, § 7(Exh. A), adopted June 10, 2026, renumbered the former § 22-647 as § 22-649. The historical notation has been retained with the amended provisions for reference purposes.