El Centro Municipal Code Div. 2 Licenses and Permits Required

It shall be unlawful for any person to engage in, conduct, carry on or permit to be engaged in, conducted or carried on, in or within any premises within the city, a massage establishment without the city business license required by this division. Upon payment of the fees set out in section 16-204 below, a business license shall be issued to the applicant unless:

(a) The applicant knowingly made a material misstatement in the application for a license; or

(b) The applicant is required to register under the provision of California Penal Code 290 or is convicted of any offense described in Government Code Section 51032, as that may be amended from time to time; or

(c) The applicant employs or independently contracts with a massage therapist without a valid CAMTC state certificate or has done so within the prior five (5) years; or

(Ord. No. 16-12, § 1, 11-1-16)

(a) Any person desiring to obtain a city business license to own or operate a massage establishment shall make an application to the director of finance. The fee established by city council for a business license application shall accompany the submission of each application. The application fee required by this section is not in lieu of the annual business license fee required below.

(b) Each person who owns or operates a massage establishment within the city shall pay to the director of finance an annual business license fee as established in section 16-60.

(Ord. No. 16-12, § 1, 11-1-16)

Any and all massage establishments must comply with the following requirements:

(a) Hours and conditions of operation.

(1) No massage establishment shall operate nor shall any massage be administered in any massage establishment between the hours of 10:00 p.m. and 7:00 a.m. or to remain open and provide any other services between the same hours. No visitors or patrons shall be allowed on the premises of the massage establishment outside the hours of operation. The hours of operation must be displayed in a conspicuous public place in the lobby within the massage establishment and on any front window clearly visible from outside of the massage establishment.

(2) No massage establishment shall be used for residential purposes.

(3) Massage establishments shall comply with all applicable provisions of the city's building and zoning codes.

(4) It is unlawful for an owner or operator to fail to properly supervise any employee or independent contractor working in the massage establishment. Owners and operators are responsible for the conduct of massage therapists operating at the massage establishment.

(b) Posting requirements.

(1) A recognizable and legible sign shall be posted at the main entrance identifying the premises as a massage establishment.

(2) Each service offered, the price thereof, and the minimum length of time such service shall be performed shall be posted in English and such other languages as may be convenient to communicate such service, in a conspicuous public location in each massage establishment. No services shall be performed and no sums shall be charged for such services other than those posted. Nothing herein prohibits a voluntary tip from being paid by the patron.

(3) The CAMTC certificate of each massage therapist operating at the massage establishment shall be posted in public view or maintained in a clearly labeled and identifiable binder that is kept in the immediate vicinity of the cash register.

(c) Instruments, equipment and personnel.

(1) All equipment used in the massage therapy operation shall be maintained in a clean and sanitary condition. Instruments utilized in performing massage therapy shall not be used on more than one (1) patron unless they have been sterilized, using standard sterilization methods.

(2) Closed cabinets shall be provided which shall be utilized for the storage of clean linen.

(3) Clean and sanitary towels and linens shall be provided for each patron of the establishment. No common use of towels or linens shall be permitted.

(4) Massages shall be administered on standard or portable massage tables or chairs which are covered with a durable washable plastic or acceptable waterproof material.

(5) All employees, independent contractors, and personnel shall wear a uniform consistent with the service provided. The uniform shall be made of non-transparent material, may not expose any specified anatomical area, constitute a violation of Section 314 of the Penal Code or be otherwise deemed by the CAMTC to constitute unprofessional attire based on the custom and practice of the profession in California. Swimwear, lingerie and undergarments may not be used as a uniform or displayed as part of a uniform.

(d) Building requirements.

(1) Minimum lighting shall be provided in accordance with the building code of the city, and, in addition, at least one (1) artificial light of not less than sixty (60) watts shall be provided in each room or enclosure where massage services are performed on patrons.

(2) Minimum ventilation shall be provided in accordance with the building code of the city.

(3) Hot and cold running water shall be provided at all times.

(4) In any establishment in which massage services are rendered only to members of the same sex at any one (1) time, such persons of the same sex may be placed in a single separate room or the operators of the massage establishment may elect to place such person of the same sex in separate enclosed rooms or booths having adequate ventilation to an area outside such room or booth while massage services are being performed.

(5) The premises and facilities shall meet and be maintained in a condition to comply with all applicable code requirements of the city and state including, but not limited to, those related to the safety of structures, adequacy of the plumbing, lighting, heating, ventilation, waterproofing of rooms in which showers, water or steam baths are used and the health and cleaning of the facility.

(6) A minimum of one (1) separate wash basin shall be provided in each massage establishment for the use of employees of any such establishment; which basin shall provide soap or detergent and hot and cold running water at all times and shall be located within or as close as practicable to the area devoted to the performing of massage services. In addition, sanitary towels shall be provided and placed in permanently installed dispensers at each wash basin.

(7) All exterior doors (except rear exterior doors used only for employee entrance to and exit from the massage establishment) shall remain unlocked during business hours, and the establishment shall comply with the provisions of the building code pertaining to the posting of signs stating that doors shall remain unlocked during business hours. Notwithstanding the above, the front door may be locked if there is no staff available to assure security for the clients and massage staff who are behind closed doors, provided that the massage establishment is owned by one (1) individual with one (1) or no employees or independent contractors.

(8) One (1) main entry that enters into the reception area shall be provided for patron use. All patrons, and any persons other than those providing services at the massage establishment, shall be required to enter and exit through the front door of the establishment.

This section shall be construed to require minimum standards only. All applicable provisions of this chapter have full force and effect. The applicant shall be required to comply with all applicable provisions of this chapter.

(Ord. No. 16-12, § 1, 11-1-16)

Upon the sale or transfer of any interest in a massage establishment, the business license issued under this division shall be null and void. A new application shall be made and related fees be paid by any person desiring to own or operate the massage establishment pursuant to section 29-204.

(Ord. No. 16-12, § 1, 11-1-16)

No massage establishment business shall operate from a different location other than the one (1) listed on its license. A change of location of a licensed massage establishment may be approved provided that a new business license application is submitted and related fees are paid pursuant to section 29-204.

(Ord. No. 16-12, § 1, 11-1-16)

It shall be unlawful for any person to operate as a sole-provider massage business without the business license required by this division. A business license shall be issued to any person who has fulfilled the requirements of this division unless:

(a) The applicant knowingly made a material misstatement in the application for a license; or

(b) The applicant is required to register under the provision of California Penal Code 290 or is convicted of any offense described in Government Code Section 51032, as that may be amended from time to time; or

(c) The applicant does not possess a valid certificate from the CAMTC.

(Ord. No. 16-12, § 1, 11-1-16)

(a) Any person desiring to obtain a business license to operate a sole-provider massage business shall make an application to the director of finance. A fee established by city council for a business license application shall accompany the submission of each application. The application fee required by this section is not in lieu of the annual business license fee required below.

(b) Any person obtaining a license to act as a sole-provider massage business shall pay to the director of finance an annual business license fee as established in section 16-60.

(c) A business license to operate a sole-provider massage business does not allow the employment of persons other than the owner of the sole-provider massage business.

(d) The owner and operator of a sole-provider massage business shall maintain a valid CATMC certificate.

(Ord. No. 16-12, § 1, 11-1-16)

(a) It shall be unlawful for a person to own or operate a massage business that provides off-premise massage services unless the massage business consists of a sole-provider and holds a business license as required by this article.

(b) It shall be unlawful for a person to own or operate a massage business from his/her residence unless:

(1) The subject dwelling is that person's principal dwelling; and

(2) The applicant holds a valid business license to operate as a sole-provider massage business as required by this article; and

(3) Only one (1) licensed sole-provider massage business is allowed to conduct businesses from the residence; and

(4) No more than one (1) patron is on the premises of the residence at any time; and

(5) The home occupation is in compliance with section 29-162 of the zoning code and all other applicable zoning and building code requirements; and

(6) The dwelling complies with the pertinent requirements for massage establishments as enumerated in section 16-205 of this article.

(Ord. No. 16-12, § 1, 11-1-16)

Any person who is issued a licensed pursuant to this division shall display such license in a conspicuous place so that the same may be readily seen by persons entering the premises where the massage is given.

(Ord. No. 16-12, § 1, 11-1-16)

No person licensed to do business as provided in this article shall operate under any name or conduct his business under any designation not specified in their license.

(Ord. No. 16-12, § 1, 11-1-16)

In the event that any person holding a license issued pursuant to this division shall violate or cause or permit to be violated any of the provisions of this article or any provisions of any other ordinance or law relating to or regulating such business or occupation, or shall conduct or carry on such business or occupation in an unlawful manner, the director of finance may, in addition to other penalties provided by ordinance, suspend or revoke the license after the licensee has been given the opportunity for a hearing as described in sections 16-214 through 16-215 of this chapter. For the purpose of this section, a criminal court conviction shall not be required to support a finding of a violation of any law.

(Ord. No. 16-12, § 1, 11-1-16)

The director of finance before revoking or suspending any license, shall give the licensee at least ten (10) calendar days' prior written notice of the revocation or suspension. The notice must state the effective date of the suspension or revocation, the length of any suspension imposed and the alleged grounds for the revocation or suspension. The notice must be served on the licensee in person or by certified mail at the most recent home or business address on file.

If a licensee wishes to contest a proposed suspension or revocation, he or she must request a hearing within fourteen (14) calendar days after receiving notice of the intended revocation or suspension. The request must be served on the city clerk by mail or in person. If a licensee fails to timely or properly serve a hearing request, he or she waives the right to a hearing before suspension or revocation.

(Ord. No. 16-12, § 1, 11-1-16)

If a hearing request is timely and properly served, a hearing must be held before a hearing officer before suspension or revocation. A hearing officer designated by the city manager shall preside at the hearing. The hearing officer's jurisdiction is limited to determining whether substantial evidence exists to provide grounds as specified in this division for the suspension or revocation of the license. If the hearing officer finds that grounds constituting good cause do not exist for revocation but do exist for suspension; the hearing officer must order the business license suspended. The hearing officer's duties are as follows:

(1) Receive evidence regarding the proposed suspension or revocation and determine the weight of such evidence; and

(2) Preserve the evidence whether or not it is admitted; and

(3) Cause the audio recording of the hearing and preserve the recording for the records; and

(4) Decide whether grounds constituting good cause exist for the suspension or revocation; and

(5) Provide a written decision of such determination as set out in section 16-216.

Both the licensee and the city have the right to appear and be presented by counsel, cross-examine witnesses, and present evidence and arguments whether good cause exists for suspension or revocation.

(Ord. No. 16-12, § 1, 11-1-16)

Within fourteen (14) days following the hearing, the officer must issue a written decision that states whether the license is suspended, revoked, the grounds constituting good cause to either suspend or revoke the license, the factual and legal basis for the decision, and a notice that the licensee may appeal any suspension or revocation as described in section 16-217. The decision of the hearing officer must be served on the licensee by certified U.S. mail. The hearing officer's decision is effective on the date the decision is personally served on or mailed to the parties.

(Ord. No. 16-12, § 1, 11-1-16)

The hearing officer's decision is final and thereafter is subject to review under Code of Civil Procedure Section 1094.6. Any request for review must be filed within ninety (90) days of service of the hearing officer's decision. The city council hereby expressly makes Code of Civil Procedure Section 1094.6 applicable to all proceedings for review of decisions under this division.

(Ord. No. 16-12, § 1, 11-1-16)