Elk Grove Municipal Code Art. II Licenses and State Certification

A. Unless exempt under EGMC Section 4.32.010 or 4.32.160, no person shall practice massage within the City of Elk Grove without a valid, unexpired, unsuspended and unrevoked CAMTC certification issued for a certified massage therapist or certified massage practitioner.

B. No person shall own, conduct or operate a massage business, including, without limitation, an out-call massage service and massage establishment, without requiring that all persons practicing massage in, for, or on behalf of the massage business possess a valid, unexpired, unsuspended and unrevoked CAMTC certificate, unless an exemption applies under EGMC Section 4.32.010 or 4.32.160.

(Ord. 7-2015 § 4 (Exh. B), eff. 5-8-2015; Ord. 15-2015 § 3 (Exh. A § 5), eff. 8-21-2015)

It shall be unlawful for any person to operate or conduct a massage business unless under and by authority of a valid, unexpired, unsuspended and unrevoked special business license issued pursuant to the provisions of EGMC Chapter 4.10 and this chapter.

(Ord. 7-2015 § 4 (Exh. B), eff. 5-8-2015)

A. Each massage business shall display the special business license in a conspicuous place so that it may be readily seen by persons entering the premises.

B. Massage businesses engaged in out-call massage services shall provide each of its employees with a copy of the massage business’s special business license and shall require that the employee have the special business license available for inspection at all times while providing out-call massage services.

(Ord. 7-2015 § 4 (Exh. B), eff. 5-8-2015)

A. In addition to the matters prescribed by EGMC Section 4.10.030, an application for a massage business special business license shall contain the following:

1. Legal name of the massage business;

2. Address and telephone number of the massage business;

3. The form of business under which the massage business will be operating (i.e., corporation, general or limited partnership, sole proprietorship, or other form);

4. Legal names of all owners of the massage business;

5. Residence addresses and telephone numbers for all owners of the massage business;

6. Business address and telephone number of all owners of the massage business;

7. Each owner of the massage business who is CAMTC certified shall submit a copy of their CAMTC certification;

8. The owner’s business, occupation, and employment history for the five (5) years preceding the date of the application; the inclusive dates of such employment history; the name and address of any business owned or operated by the individual whether inside or outside the City; and

9. For all owners, a copy of a valid and current driver’s license and/or identification issued by a State or Federal governmental agency or other photographic identification bearing a bona fide seal by a foreign government;

10. For all owners, a signed statement that all of the information contained in the application is true and correct, that all owners shall be responsible for the conduct of the business’s employees providing services for the massage business, and acknowledgment that failure to comply with any local, State, or Federal law may result in suspension or revocation of the business’s special business license;

11. A list of each conviction of each owner applicant. The list shall, for each such conviction, set forth the date of arrest, the offense charged and the offense in which the applicant was convicted.

B. Each owner of the massage business who is not also CAMTC certified shall submit to a criminal history background check.

C. The Chief of Police may require the massage business in its application for a special business license, or for the renewal of a special business license, to provide relevant information of the activities of the massage business regulated by this chapter.

D. No application for a massage special business license shall be accepted within one (1) year from the date the same applicant’s special business license application or renewal has been denied, or a special business license has been suspended or revoked. Notwithstanding the foregoing, if a special business license is denied for the sole reason that a massage provider does not possess a valid and current CAMTC certificate, reapplication may occur after the necessary CAMTC certification has been attained.

E. For a period of one (1) year commencing as of the date the special business license was suspended and/or revoked, no massage business shall be licensed or otherwise established at a location where a massage business operating at the same location had its special business license suspended and/or revoked.

(Ord. 7-2015 § 4 (Exh. B), eff. 5-8-2015)

Notwithstanding EGMC Chapter 4.10, the Chief of Police may deny, revoke, restrict or suspend a special business license if any owner, employee, or other representative of the massage business has committed a violation of this chapter, of Section 4600 et seq. of the California Business and Professions Code, or of any other applicable law.

(Ord. 7-2015 § 4 (Exh. B), eff. 5-8-2015)

A. A massage business special business license licensee must notify the Chief of Police, in writing, of the name, address, and CAMTC certification number or City of Elk Grove employee permit number of each massage provider serving as an employee of the massage business within five (5) business days of that person being employed at the massage business.

B. A massage business special business license licensee must notify the Chief of Police, in writing, of the name and CAMTC certification number or City of Elk Grove employee permit number of each massage provider who is no longer an employee of the massage business within five (5) business days of that person no longer being employed at the massage business.

C. A massage business special business license licensee must immediately notify the Chief of Police, in writing, of the occurrence of any event involving the licensee’s massage business, including, without limitation, an event involving an employee, that may constitute a violation of any local, State or Federal Law.

(Ord. 7-2015 § 4 (Exh. B), eff. 5-8-2015; Ord. 15-2015 § 3 (Exh. A § 6), eff. 8-21-2015)

For the purpose of enforcement of the requirements of this chapter, all owners of the massage business shall be responsible for the conduct of persons employed by the massage business while on the premises of the massage establishment and while otherwise providing massage services on behalf of the massage business.

(Ord. 7-2015 § 4 (Exh. B), eff. 5-8-2015)

A. Except for certified massage therapists and certified massage practitioners, all employees of a massage business must possess a valid, unexpired, unsuspended and unrevoked employee permit issued pursuant to the provisions of EGMC Chapter 4.10 and this chapter.

B. It shall be unlawful for the owner of a massage business to employ or retain a person as an employee of the massage business who is required to but does not have a valid, unrevoked, unsuspended employee permit issued by the City of Elk Grove.

C. Each employee of a massage business that possesses an employee permit must have their employee permit available for inspection at all times during working hours when working on behalf of the massage business.

(Ord. 7-2015 § 4 (Exh. B), eff. 5-8-2015)

In addition to the matters prescribed by EGMC Section 4.10.080, an application for an employee permit shall contain the following:

A. The applicant’s business, occupation and employment history for the five (5) years preceding the date of the application; the inclusive dates of such employment history; and the name and address of any business owned or operated by the applicant whether inside or outside the City.

B. A copy of a valid and current driver’s license and/or identification issued by a State or Federal governmental agency or other photographic identification bearing a bona fide seal by a foreign government.

C. A list of each criminal conviction of each owner applicant. The list shall, for each such conviction, set forth the date of arrest, the offense charged and the offense in which the applicant was convicted.

(Ord. 7-2015 § 4 (Exh. B), eff. 5-8-2015)

Upon receipt of an application for an employee permit for a massage business, the Chief of Police shall conduct an investigation pursuant to EGMC Section 4.10.085. In addition to the provisions of EGMC Section 4.10.090, the Chief of Police shall issue the employee permit unless he or she finds any of the following:

A. That the application fails to contain information required by the Chief of Police or EGMC Section 4.32.140, or is otherwise incomplete;

B. That information contained in the application is false or otherwise inaccurate;

C. That the applicant has been convicted of a crime and the time for appeal has elapsed, or when an order granting probation is made suspending the imposition of sentence, irrespective of the entry of a subsequent order under Section 1203.4 of the California Penal Code; or has done any act involving dishonesty, fraud or deceit with intent to substantially benefit himself or herself, or another, or substantially injure another; and the Chief of Police concludes that by reason of the crime or act there is a substantial risk that the applicant would not perform his or her duties in a law-abiding manner or in a manner which would not subject patrons to risk of harm or criminal, deceitful or otherwise unethical practices.

Notwithstanding the foregoing, an application shall not be denied solely on the basis that a person has been convicted of a felony if the person has obtained a certificate of rehabilitation under Section 4852.01 et seq. of the California Penal Code, or that the person has been convicted of a misdemeanor if the person has met all applicable requirements of the criteria of rehabilitation developed to evaluate the rehabilitation of a person when considering the denial of a license under Section 482(a) of the California Penal Code.

(Ord. 7-2015 § 4 (Exh. B), eff. 5-8-2015)

In addition to any other grounds for revocation set forth in this title, an employee permit may be revoked or suspended pursuant to EGMC Section 4.10.140 upon a finding of any of the following grounds:

A. Violation of any of the duties, requirements or prohibitions set forth in the Elk Grove Municipal Code or other applicable law;

B. Misrepresentation of a material fact contained in the application for the employee permit; or

C. That since issuance or renewal of the employee permit, the Chief of Police has acquired information supporting a finding prescribed by EGMC Section 4.32.145 in relation to the holder of the permit.

(Ord. 7-2015 § 4 (Exh. B), eff. 5-8-2015)

A. Massage businesses that employ massage providers, and have a valid, unsuspended and unrevoked special business license and/or employ massage providers who have valid and unrevoked employee permits but who do not possess CAMTC certificates, shall have until July 1, 2015, to comply with the requirements of this chapter. Upon presentation by the special business license licensee of satisfactory evidence that its employee(s) is/are actively applying to CAMTC for their necessary certificates, the Chief of Police may extend the compliance period for an additional period not exceeding twelve (12) months at his or her sole discretion.

B. Massage businesses that engaged employees to practice massage during the compliance period without a CAMTC certificate shall:

1. Comply with all other applicable State and local law;

2. Present to the Chief of Police satisfactory evidence that the subject employees have applied for their CAMTC certificate and are working diligently to complete their application; and

3. The massage business is not engaging employees that are required to register as a sex offender under Section 290 of the California Penal Code, have any record or conviction for violation of Sections 266i (pandering), 315 (keeping or residing in a house of ill fame), 316 (keeping house of prostitution), 318 (prevailing upon person to visit place for gambling or prostitution), 647(b) (prostitution), and 653.23 (supervision of prostitute) of the California Penal Code or any sex or illegal substance related offense, or similar provisions in other jurisdictions.

C. Notwithstanding the time for compliance stated in this subsection, all other provisions of this chapter shall be deemed enforceable from the effective date of this chapter.

(Ord. 7-2015 § 4 (Exh. B), eff. 5-8-2015)

A. Any person holding a valid, unsuspended and unrevoked City of Elk Grove employee permit or City of Elk Grove special business license issued pursuant to EGMC Chapter 4.10 for the purpose of conducting massage or a massage business, and who has held the City of Elk Grove employee permit or special business license continually for five (5) or more years as of the May 8, 2015, effective date of this chapter, shall be exempt from any provision of this chapter requiring a CAMTC certificate in order to be a massage provider provided all of the following criteria are met:

1. No substantiated complaints have been lodged with the City of Elk Grove regarding the massage provider under the massage provider’s City of Elk Grove employee permit or special business license issued pursuant to EGMC Chapter 4.10; and

2. The massage provider’s employee permit or special business license issued pursuant to EGMC Chapter 4.10 was valid and in good standing as of the May 8, 2015, effective date of this chapter; and

3. The massage provider continues to maintain a valid, unsuspended and unrevoked employee permit or special business license through the City of Elk Grove as required under EGMC Chapter 4.10.

B. All other provisions of this chapter shall be applicable to a CAMTC-exempt massage provider, with the exception of the requirement to obtain a CAMTC certificate.

(Ord. 15-2015 § 3 (Exh. A § 7), eff. 8-21-2015)