Fairfield Municipal Code Art. II Permits

(a) It shall be unlawful for any person to engage in, conduct, solicit or permit to be engaged in, conducted or solicited in or upon any premises within the city, the business of massage establishment or to render or permit to be rendered massage services at a location removed from a massage establishment within the city (i.e. provide out-call massage services), without having a valid permit issued pursuant to the provisions of this chapter.

(b) It is unlawful for a massage establishment to employ or retain any person to practice massage therapy for compensation, or to allow any person to perform massage therapy for compensation on the premises of a massage establishment, unless that person is listed on the massage establishment permit issued pursuant to this chapter.

(c) It is unlawful for a massage establishment to operate under any name or to conduct business under any designation not specified in the massage establishment permit issued pursuant to this chapter.

(d) It is unlawful for a massage establishment to continue to operate following the sale or transfer of any interest in the massage establishment to any person who was not identified as an owner in the massage establishment permit application.

(Ord. No. 74-26, § 4; Ord. No. 2015-14, § 2. Formerly 10A.14)

(a) All permits issued pursuant to this chapter for a massage establishment shall be displayed in a conspicuous place so that they may be readily seen by persons entering the premises.

(Ord. No. 96-4, § 5; Ord. No. 2015-14, § 2. Formerly 10A.15)

(a) The owner(s) of a massage establishment desiring to obtain a permit to operate a massage establishment shall make application to the finance director and pay a nonrefundable fee designated by City Council Resolution to defray the cost of investigation and report.

(b) All applications shall be referred to the chief of police for investigation and recommendations.

(Ord. No. 74-26, § 16; Ord. 89-11, § 3; Ord. No. 96-4, § 2; Ord. No. 2008-04 § 4; Ord. No. 2015-14, § 2. Formerly 10A.16)

For purposes of this section, the “applicant” shall refer to and include each and every owner of the massage establishment. Any applicant for a permit shall submit the following information:

(a) The name, address, and telephone number of the massage establishment;

(b) The name, residence address and telephone number, and business address and telephone number, of the applicant, including all previous legal names in full and all other names that the applicant has ever been known as (“AKAs”), even if the applicant has never legally changed his or her name to these AKAs;

(c) The two previous addresses immediately prior to the present address of the applicant, and the dates of residence at each;

(d) The applicant’s birthdate, height, weight, color of eyes and hair;

(e) Two recent portrait photographs, at least two by two inches and taken within the last six months;

(f) Business, occupation or employment history of the applicant for the three years immediately preceding the date of the application;

(g) The form of business under which the owner(s) will be conducting the massage establishment, i.e., sole proprietorship, corporation, general or limited partnership, limited liability company, or other form;

(h) The business license history of the applicant; whether such person, in previously operating in this or another city or state under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation;

(i) All convictions of a felony or any crime involving fraud, embezzlement or moral turpitude and the reasons therefor;

(j) Whether there is currently pending against the applicant, a formal complaint alleging sexual misconduct, professional misconduct, or professional incompetence, including a lawsuit, an administrative citation, a government complaint, warrant or summons issued, or any informal complaint such as a complaint made to the owner directly or to such owner’s business or place of employment;

(k) The name and address of the owner of the real property upon, in, or from which the massage establishment is to be operated. In the event the applicant is not the legal owner of the property, the application shall be accompanied by a copy of any written lease between the applicant and the property owner authorizing use of the premises for a massage establishment, or, alternatively, if there is no written lease, then a written, notarized acknowledgment from the property owner that the property owner has been advised that a massage establishment will be operated by the applicant upon, in, or from the property owner's property;

(l) A description of the massage establishment, including, but not limited to, the type of treatments to be administered and the proposed hours of operation;

(m) The name of each person who the massage establishment will employ or retain, including, but not limited to, any operators of the massage establishment, and any persons employed or retained as independent contractors to perform massage therapy for compensation, whether on or off the massage establishment premises;

(n) For each person who will be providing massage at the massage establishment, a copy of his or her current certification from CAMTC and a copy of his or her current CAMTC issued identification card;

(o) If the applicant is a CAMTC certified massage professional, a copy of his or her current certification from CAMTC and a copy of his or her current CAMTC issued identification card;

(p) A statement attesting to the following:

(1) The applicant will only employ or retain CAMTC certified massage professionals, and failure to comply may result in the suspension or revocation of the massage establishment permit.

(2) The applicant authorizes the police chief to investigate the truth of the information contained in the application.

(3) The applicant will be responsible for the conduct of all massage establishment operators, employees, agents, independent contractors, or other representatives while such persons are on the premises of the massage establishment or providing out-call massage services, and that failure to comply with the provisions of this chapter and any federal, state or local law, may result in the suspension or revocation of the massage establishment permit.

(4) The applicant certifies under penalty of perjury that all information contained in the application is true and correct.

(q) Such other identification and information as the police department may require in order to discover the truth of the matters hereinbefore specified as required to be set forth in the application, including such personal references as the department deems necessary, or to determine compliance with other eligibility requirements for issuance of the permit as specified by federal, state or local law.

(r) Nothing contained herein shall be construed to deny to the police department the right to take the fingerprints and additional photographs of the applicant, nor shall anything contained herein be construed to deny the right of such department to confirm the height and weight of the applicant.

(Ord. No. 96-4, § 6; Ord. No. 2015-14, § 2. Formerly 10A.17)

(a) The chief of police shall investigate and shall ascertain whether there are grounds to deny the permit. The chief of police shall cause fingerprints to be taken of the applicant. Any fee for the fingerprints shall be paid by the applicant. The chief of police shall make a report of his findings to the city manager together with his recommendations, if any.

(b) The chief of police, chief of fire, and director of community development, within the jurisdiction and duties of their particular department, shall ascertain whether or not the premises to be used are suitable, proper and adequate, and comply with applicable laws, ordinances and regulations concerning such premises, and the activities to be conducted thereon.

(c) A report of the investigations required along with the application and any recommendations made shall be referred to the city manager for action thereon.

(Ord. No. 74-26, § 19; Ord. No. 89-11, § 5; Ord. 93-9, § 7; Ord. No. 2015-14, § 2. Formerly 10A.18)

(a) The city manager or designee shall review the application, investigation reports and recommendations and shall deny the permit if he finds any of the following to be true:

(1) That any of the information on the application has been deliberately falsified, or contains any false, misleading or fraudulent statement of material fact.

(2) That the premises and the conduct of activities thereon is inimical to the public health, safety, morals, or general welfare.

(3) That the applicant has been convicted of the violation of any of the offenses involving fraud, embezzlement or moral turpitude.

(4) The massage establishment would not comply with the requirements of this chapter or other applicable law, rule or regulation, including, but not limited to any local or state building, fire, zoning, and health regulations.

(5) The applicant has been the subject of a permanent injunction against the conducting or maintaining of a nuisance pursuant to sections 11225 through 11235 of the California Penal Code, or any similar law in any state or other jurisdiction.

(6) The applicant has had suspended, revoked, withdrawn or denied any license, certificate or permit to practice massage therapy, or to own and/or operate a massage establishment.

(7) The applicant has been convicted in a court of competent jurisdiction of any offense that relates directly to the conduct or operation of a massage establishment, or of any offense the commission of which occurred on the premises of a massage establishment or while performing out-call massage services.

(8) The owner has been convicted in a court of competent jurisdiction of having violated, or has engaged in conduct constituting a violation of any of the following offenses: sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22 of the California Penal Code, or conspiracy or attempt to commit any such offense, or any similar offense in any state or other jurisdiction, or any offenses involving prostitution, lewd conduct or offenses resulting from a reduction of the aforementioned offenses.

(9) The owner is currently required to register pursuant to the Sex Offender Registration Act (Chapter 5.5 commencing with section 290 of Title 9 of Part 1 of the California Penal Code), or any similar law in any state or other jurisdiction.

(10) The owner has an outstanding warrant for his or her arrest or a pending criminal case regarding an offense having a reasonable relationship to the functions of a massage establishment business or providing massage therapy.

(11) Any other unprofessional conduct or violation of any applicable law, rule or regulation that is substantially related to the functions of a massage establishment business or providing massage therapy.

(b) If he finds that there are no grounds for denial, the city manager shall issue the permit. He may attach to such permit any conditions which are reasonably related to the grant in order to insure that the intent and purpose of this chapter are met, and to insure that the public health, safety, morals, and general welfare are protected.

(Ord. No. 74-26, § 21; Ord. No. 2015-14, § 2. Formerly 10A.19)

(a) No permit granted herein shall confer any right to conduct a massage establishment for more than the permit period, nor shall any permit confer a right to conduct a massage establishment contrary to the provisions of this chapter, as this chapter may be amended from time to time.

(b) If the massage establishment owner is not the record owner of the property where the massage establishment is located, the police chief may send a written notice to the property owner advising of the issuance of the permit and of the regulations applicable to the massage establishment. The police chief may also provide the property owner with copies of any other notices or communications with the massage establishment owner sent at any time before or after issuance of the permit.

(c) A massage establishment permit issued pursuant to the terms of this chapter shall be valid for a term of two (2) years from the date of issuance, and an application to renew the permit shall be submitted at least thirty (30) days prior to the expiration of the current permit. For all massage establishments that are legally in existence as of the effective date of this ordinance, the owner shall file an application for a massage establishment permit within six months. No reapplication for a massage establishment permit will be accepted within one (1) year after an application or renewal of a permit is denied, or a permit is revoked.

(d) A massage establishment permit shall not be transferred except with the prior written approval of the police chief. A written request for transfer shall contain the same information for the new ownership as is required for an application for a permit pursuant to section 10A.18 of this chapter. A denial of a request for transfer of the permit may be appealed in the same manner as a denial of an application for a permit under section 10A.22 of this chapter.

(e) The owner of a permitted massage establishment may apply to amend the permit, including, but not limited to, the hiring or termination of certified massage professionals, a change of the massage establishment’s address or telephone number, and a change of the owner’s address or telephone number, by submitting an application on a form provided by the police chief. The application shall be accompanied by the fee established by the city’s then current fee schedule. The application shall not be granted unless the city manager determines that the terms of the amended permit comply with all requirements of this chapter and all other federal, state or local law. A denial of an application to amend a massage establishment permit may be appealed in the same manner as a denial of an application for a permit under section 10A.22 of this chapter.

(Ord. No. 2015-14, § 2)

(a) Any person aggrieved by the grant or denial of the city manager may appeal that decision by filing written notice of such appeal and the ground therefor with the city clerk within ten days after the city manager’s decision. Upon receipt of appeal, the matter shall be set for review by the city council. No rights shall be exercised under any permit or amendment until the city council’s decision.

(b) In considering and ruling upon the appeal of the petitioner, the city council shall judge the merits of the appeal based upon those grounds set forth for revocation and suspension of permits. The city council may reverse or affirm wholly or partly or may modify any decision, determination or requirement of the city manager and may make such decisions or determinations or impose such conditions as the facts warrant, and may order that a permit be granted, suspended or revoked in accordance with their ruling. The decisions of the city council shall be final. Any hearing may be continued from time to time.

(Ord. No. 74-26, § 22; Ord. No. 2015-14, § 2. Formerly 10A.20)

No permit shall be revoked or suspended until after a hearing shall have been held before the city manager to determine just cause for such revocation or suspension. Notice of such hearing shall be given in writing and served at least ten days prior to the date of the hearing thereon. The notice shall state the grounds of the complaint against the holder of such permit, or against the business carried on by the permittee at the massage establishment, and shall state the time and place where such hearing will be held. Such notice shall be served upon the permit holder by delivering such notice to such person, or by leaving such notice at the place of business or residence of the permit holder in the custody of a person of suitable age and discretion, or by mailing, postage fully prepaid, addressed to the permit holder at his place of business or residence at least ten days prior to the date of such hearing.

(Ord. No. 88-6, § 1; Ord. No. 2015-14, § 2. Formerly 10A.21)

Based upon the evidence of such hearing the city manager may revoke or suspend the permit if he or she finds any of the following:

(a) That the permittee has violated or failed to meet any of the criteria set forth for granting a permit or the occurrence of one or more grounds for denial of a permit;

(b) That the permittee has failed to comply with the conditions attached to the permit;

(c) That the permittee has violated any of the standards or regulations of this chapter;

(d) That the permittee has committed any of the offenses of fraud, embezzlement, or involving moral turpitude, or has made any false, misleading or fraudulent statement of material fact in any application, report or record required to be filed with the City;

(e) That the permittee, or premises involved, is in violation of applicable sections of this code relating to the conduct of the business or maintenance of the premises;

(f) An individual who is not a certified massage professional, or whose CAMTC certification is suspended or revoked, has provided massage at the massage establishment or out-call massage services;

(g) The permittee has allowed or permitted, with or without knowledge, the occurrence of criminal activity on the premises of the massage establishment, whether or not any criminal prosecution has been pursued or conviction obtained for such acts;

(h) The permittee has failed to abide by any disciplinary action previously imposed by an authorized City official. The decision of the city manager shall be final. Upon revocation, the permit and any other business licenses or other permits connected therewith shall be surrendered to the city. The massage establishment shall immediately cease operation, and if so ordered by the city manager, no other massage establishment shall be permitted to operate at that location by any person for a period of not less than one (1) year (the “moratorium period”).

(Ord. No. 74-26, § 24; Ord. No. 88-6, § 1; Ord. No. 2015-14, § 2. Formerly 10A.22)