Fontana Municipal Code Div. 2 License and Permit

Footnotes:

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Cross reference— Permit required for certain businesses, § 15-50

(a) It is unlawful for any person to practice, engage in or carry on the business of massagist, or conduct a massage establishment within the city, without first having obtained a business license to do so and after complying with all regulations and requirements set forth in this division.

(b) Any business license issued by the City of Fontana pursuant to this chapter shall be expressly contingent upon continuing compliance with this chapter and Code, Chapter 10.5 of Division 2 of the state Business and Professions Code, any applicable term or condition of an CAMTC-certification or license, and any applicable rule or regulation issued by CAMTC.

(c) An applicant for a business license to own or operate a massage establishment must provide a copy of the CAMTC certification or license for all massage technicians employed at or operating out of the massage establishment.

(d) Prior to issuing a business license pursuant to this chapter, the city may make reasonable investigations into the information provided in the business license application. The city may deny the application if the applicant provides materially false information.

(Ord. No. 1581, § 5(Exh. A), 9-23-08; Ord. No. 1609, § 5(Exh. A), 10-14-09)

Editor's note— Ord. No. 1609, § 5(Exh. A), adopted October 14, 2009, repealed the former section 15-544 in its entirety, which pertained to application for massage establishment permit, and derived from Ord. No. 1581, § 5(Exh. A), adopted September 23, 2008.

If during the term of the business license, the owner/operator of the massage establishment has any change in information submitted on the original or renewal application, the owner/operator shall notify the chief of police, in writing, of such change within 30 calendar days.

(Ord. No. 1581, § 5(Exh. A), 9-23-08; Ord. No. 1609, § 5(Exh. A), 10-14-09)

The city council shall establish by resolution, and from time to time may amend, the fees for the administration of this chapter. Fees required by this chapter shall be in addition to any required fee under any other chapter of this Code.

(Ord. No. 1581, § 5(Exh. A), 9-23-08)

Cross reference— License tax for specific businesses, § 15-43.

(a) Every person engaging in, or carrying on the business of massage technician shall display a copy of their valid CAMTC license or certification in a conspicuous place. All massage technicians shall notify the chief of police or designee of a change in the technician's home address, and the address of the massage establishment where the technician is regularly employed or retained to provide massage, within 30 calendar days of such change. Failure to comply can result in the revocation of the CAMTC license or certification by the CAMTC.

(b) Every person who owns or operates a massage establishment pursuant to this chapter shall maintain copies of CAMTC licenses or certifications of each person engaging in, or carrying on the business of massage technician within that establishment, and display such license or certification in a conspicuous place. All person owning or operating a massage establishment pursuant to this chapter shall provide the chief of police, or his/her designee with a copy or other evidence of the CAMTC license or certification of every massage technician who is employed by or operating out of the massage establishment, within 30 calendar days of the commencement of such massage technician's period of employment. Failure to comply can result in the revocation of the business license by the city.

(Ord. No. 1609, § 5(Exh. A), 10-14-09)

Editor's note— Ord. No. 1609, § 5(Exh. A), adopted October 14, 2009, repealed and reenacted section 15-547 in its entirety to read as herein set out. Formerly, section 15-547 pertained to permit issuance; display; change of location, and derived from Ord. No. 1581, § 5(Exh. A), adopted September 23, 2008.

Editor's note— Ord. No. 1609, § 5(Exh. A), adopted October 14, 2009, repealed the former section 15-548 in its entirety, which pertained to expiration and renewal of massage establishment permit, and derived from Ord. No. 1581, § 5(Exh. A), adopted September 23, 2008.

(a) It shall be unlawful for any person practicing, engaging in or carrying on the business of a massage technician without a valid license or certification issued by the CAMTC.

(b) Prior to engaging in, conducting or administering massage within the city for money or other legal consideration, massage technicians shall file a copy of their CAMTC certification or license with the chief of police or designee.

(Ord. No. 1609, § 5(Exh. A), 10-14-09)

Editor's note— Ord. No. 1609, § 5(Exh. A), adopted October 14, 2009, amended section 15-549 in its entirety to read as herein set out. Formerly, section 15-549 pertained to massage technician—permit required, and derived from Ord. No. 1581, § 5(Exh. A), adopted September 23, 2008.

All massage technicians in the possession, as of November 1, 2009, of a then current, valid massage permit issued by the city shall be entitled to operate according to the terms and conditions of said city massage permit through October 1, 2010.

(Ord. No. 1609, § 5(Exh. A), 10-14-09)

Editor's note— Ord. No. 1609, § 5(Exh. A), adopted October 14, 2009, repealed and reenacted section 15-550 in its entirety to read as herein set out. Formerly, section 15-550 pertained to conditions of permit for massage technician, and derived from Ord. No. 1581, § 5(Exh. A), adopted September 23, 2008.

Editor's note— Ord. No. 1609, § 5(Exh. A), adopted October 14, 2009, repealed the former sections 15-560 and 15-561 in their entirety, which pertained to conditions of permit for massage technician—notification by technician, and expiration and renewal of massage technician permit, respectively, and derived from Ord. No. 1581, § 5(Exh. A), adopted September 23, 2008.

If any person holding a massage establishment business license shall conduct or carry on such business contrary to the provisions of this article or any other ordinance or law relating to or regulating such business, it shall be the duty of the chief of police to, and the chief of police may, in addition to other penalties provided by this Code, suspend the massage establishment business license to carry on such business. No business license shall be revoked until after a hearing shall be had before the city manager, or his/her designee, relating to such revocation, but the chief of police may order such business license suspended pending such hearing, and it shall be unlawful for any person to carry on the business of a massage establishment after the business license has been suspended until reinstated by the city manager or his/her designee. Notice of such hearing thereon shall state the grounds of complaint against the holder of such business license, or against the business carried on by him, and shall also state the time when and the place where such hearing will be had. The notice shall be served upon the holder of such business license by delivering the notice to such person or his manager or agent, or to any person in charge of or employed in the place of business of such licensee, or by leaving such notice at the place of business or residence of such person with some person of suitable age and discretion. If the holder of such business license cannot be found, and the service of such notice cannot be made upon him in the manner provided in this section, then a copy of such notice shall be mailed, postage fully prepaid, addressed to such holder or such business license at his place of business or residence at least five days prior to the date of such hearing.

The massage establishment business license may be revoked on one or more of the following grounds:

(1) That the holder has employed, allowed or permitted a massage technician without a current, valid CAMTC certification to perform massage in his/her massage establishment;

(2) The chief of police, or his/her designee, may suspend or revoke a massage establishment business license, if the licensee, any managing responsible employee, or any employee, representative, or agent of the licensee or any massage technician employed by the licensee has engaged in conduct constituting a violation of this article or any of the enumerated statutes set forth in the Municipal Code as pertains to massage establishments;

(3) That the business license holder has not complied with the requirements of Chapter 10.5 of Division 2 of the Business and Professions Code and any applicable rule or regulation issued by the CAMTC.

(4) That the business license holder provided materially false information in his/her application to obtain a business license.

(Ord. No. 1609, § 5(Exh. A), 10-14-09)

Editor's note— Ord. No. 1609, § 5(Exh. A), adopted October 14, 2009, amended section 15-562 in its entirety to read as herein set out. Formerly, section 15-562 pertained to revocation or suspension of massage technician permit and/or massage establishment permit, and derived from Ord. No. 1581, § 5(Exh. A), adopted September 23, 2008.

(a) Any action taken by the chief of police in the administration and/or enforcement of the provisions of this chapter may be appealed by the applicant, any person residing or owning land within 660 feet of the property which was the subject to the original decision of, an officer, commission or department of the city. An appeal stays proceedings until a determination of the appeal has been made. No fee shall be charged for such appeal by an adjoining property owner.

(b) If the chief of police fails to make its decision within the time limit specified for the various proceedings, the applicant may file an appeal with the city manager or his/her designee, requesting a decision. Such an appeal shall be made within ten days after the expiration of the time limit specified for the city manager or his/her designee to act.

(Ord. No. 1609, § 5(Exh. A), 10-14-09)

The notice of appeal shall be in writing and shall be filed in the community development department upon forms provided by the city. An appeal of any action in the administration or enforcement of this chapter shall indicate specifically the reasons for appeal.

(Ord. No. 1609, § 5(Exh. A), 10-14-09)

Any appeal shall be filed within ten calendar days after the hearing from which the appeal is made. Upon the filing of appeal, the community development department shall transmit a copy of the appeal to the clerk of the body hearing the appeal.

(Ord. No. 1609, § 5(Exh. A), 10-14-09)

Upon receipt of the notice of appeal, the body hearing the appeal shall set a date for hearing of the matter and give notice of the date, time and place of the hearing to the appellant at least ten days prior to the date of the hearing. Prior to such hearing the community development department shall transmit to the clerk of the body hearing the appeal a report of the findings and shall present all documents on file at the hearing. The appeal hearing shall be scheduled no sooner than 21 days nor no later than 51 days from the date the application has been deemed to be complete. This time limit may be extended by mutual agreement of the city and the applicant.

(Ord. No. 1609, § 5(Exh. A), 10-14-09)

Upon appeal from the chief of police's decision, the city manager or his/her designee shall consider the record and such additional evidence as may be offered and may affirm, reverse or modify, in whole or in part, the order, requirement, decision, determination, interpretation or ruling appealed from or make and substitute such other or additional decision or determination as it may find warranted under the provisions of this chapter. The decision of the city manager or his/her designee may be made either at the time of the appeal hearing or at a continued public meeting held within 30 days of the appeal hearing date.

(Ord. No. 1609, § 5(Exh. A), 10-14-09)