Fremont Municipal Code Art. II Therapists

(a) Certification. On and after April 11, 2016, it shall be unlawful for any individual to practice massage therapy for compensation within the city unless that individual is a certified massage therapist as defined in Section 5.65.020. A certified massage therapist working in the city must:

(1) Work at a massage establishment permitted by the city; and/or

(2) Indicate on the registration form that he or she does outcall massage services.

(b) Exemption. A city permitted massage therapist who has lawfully practiced massage in the city continuously since at least 2005 (10 years) is exempt from the state certification requirement in subsection (a) of this section if he or she files a renewal application and pays a nonrefundable fee in the amount established by resolution of the city council for an exemption to the state certification requirement before January 1, 2016. In determining whether to grant the renewal permit, the finance director will:

(1) Confirm the continuous 10-year history through city massage therapist permits and business tax records;

(2) Conduct a background check;

(3) Reconfirm that the educational and training requirements have been met, in conformance with the standards in effect at the time of the person’s initial therapist permit;

(4) Consider whether there have been any past violations of city regulations.

A massage therapist who receives an exemption from the state certification requirement shall obtain a massage therapist permit pursuant to Section 5.65.060 and shall comply with the applicable requirements of this chapter. (Ord. 20-2015 § 1, 10-13-15.)

(a) A city permitted massage therapist who qualifies for an exemption under Section 5.65.050(b) shall file an annual renewal application on the required form provided by the finance director for a city issued massage therapist permit. Failure to annually renew the massage therapist permit shall invalidate the exemption to the state certification requirement for the city permitted massage therapist.

(b) The city permitted massage therapist must include the following information in the renewal application:

(1) City permitted massage therapist’s full name, including any nicknames, aliases, or other names used presently or in the past, and present business and residential addresses and telephone numbers;

(2) City permitted massage therapist’s business and residential addresses for the five years immediately before the application date and the dates that the city permitted massage therapist worked or resided at each address;

(3) Acceptable documentation that the city permitted massage therapist is at least 18 years of age;

(4) City permitted massage therapist’s physical description including gender, height, weight, color of eyes and hair;

(5) City permitted massage therapist’s Livescan fingerprint certification and two recent color passport-size photographs of the city permitted massage therapist showing full face view for the purpose of establishing identification and conducting a background check;

(6) City permitted massage therapist’s current and former driver’s license numbers or state identification card for the five years immediately before the application date, if any, including state of issuance and social security number;

(7) Certificate from a physician licensed to practice in the state of California stating that the city permitted massage therapist has tested negative for tuberculosis. If the city permitted massage therapist has tested positive, the city permitted massage therapist must submit documentation from a physician licensed to practice in the state of California that the tuberculosis is not in an active state and the city permitted massage therapist is asymptomatic;

(8) City permitted massage therapist’s occupation for the 10 years immediately before the date of application;

(9) The name, address, and letter of employment from the massage establishment that is or will be employing the city permitted massage therapist, if any, and the name of the owner or operator of same;

(10) City permitted massage therapist’s criminal convictions for offenses other than traffic violations within 10 years before the application date;

(11) Any criminal charges pending against the city permitted massage therapist at the time of application, other than traffic citations, the name and location of the court in which the criminal charges are pending and the applicable case numbers;

(12) City permitted massage therapist’s history of involvement in the massage profession, including the practice of massage, the operation of massage establishments, or similar occupations or businesses, within the last 10 years. The city permitted massage therapist must also identify any license, certificate or permit that was suspended, revoked or surrendered within the 10 years before the date of the application, the dates and reasons for any suspensions, revocations, or surrender and the name and location of the jurisdiction or public agency that suspended or revoked the license, permit or certificate or to which the license, permit or certificate was surrendered;

(13) A written statement signed under penalty of perjury by the city permitted massage therapist that the information provided in the application is true and correct;

(14) Written authorization for the city of Fremont, its agents and employees to investigate the accuracy and completeness of the information provided in the application and the qualifications of the city permitted massage therapist for the permit;

(15) A statement signed in the presence of the finance director or his or her designee that the city permitted massage therapist has read and understood all city of Fremont codes pertaining to massage or provision of massage services;

(16) Any additional information required by the finance director for review and approval of the application.

(c) The finance director may deny the renewal application for a massage therapist permit for any of the following reasons:

(1) If the city permitted massage therapist made a material misstatement or omission in the application or in a previous application. If the finance director finds substantial evidence that an application contains a knowing or intentional material misstatement or omission, the finance director must deny the application;

(2) The city permitted massage therapist violated any provision of this chapter and the permit was previously suspended or revoked for any violation of this chapter;

(3) The city permitted massage therapist violated any provision of this chapter on more than one occasion; provided, that the city permitted massage therapist received timely notice of each violation;

(4) The city permitted massage therapist has been convicted of or pled guilty or no contest to any offense involving the use of force or violence upon another person, pandering, solicitation, or prostitution;

(5) The city permitted massage therapist was convicted of, or pled guilty or no contest to, a violation of Cal. Penal Code § 415 as a result of an arrest for violation of Cal. Penal Code § 647(b);

(6) The city permitted massage therapist has owned, managed, or received compensation from a massage establishment or outcall massage business, whether or not located in the city of Fremont, for which advertisements that would violate Section 5.65.120(f) were published;

(7) The city permitted massage therapist has previously held a massage establishment permit, massage therapist permit or similar permit or license that the city of Fremont, the state, or any other public agency has suspended or revoked or that the permittee surrendered while under investigation or being prosecuted by a government entity in a civil, administrative, or criminal proceeding for a violation of local, state or federal law;

(8) The city permitted massage therapist, any business owned or managed by the city permitted massage therapist while the city permitted massage therapist owned or managed the business, the city permitted massage therapist’s current employer, or the city permitted massage therapist’s former employer during the city permitted massage therapist’s employment is or was a named party subject to a permanent injunction against the conducting or maintaining of a nuisance under Cal. Penal Code §§ 11225 through 11235, or Cal. Health & Safety Code § 11570 et seq., or equivalent offenses under the laws of another jurisdiction; or

(9) The city permitted massage therapist is or has worked at or operated a massage establishment, whether or not located in the city of Fremont without the required licenses or permits.

(d) If prosecution is pending against the city permitted massage therapist for either conduct violating this chapter’s provisions or conduct violating Cal. Bus. & Prof. Code § 4600 et seq., the finance director may postpone its decision on the application until the prosecution’s final resolution. As used in this subsection, “prosecution” means a civil or criminal action or administrative proceeding.

(e) The finance director may suspend or revoke a massage therapist permit where substantial evidence exists of the following:

(1) The city permitted massage therapist consumed controlled substances in a massage establishment unless the person has a prescription for the substance;

(2) Any of the conditions for denial of the massage therapist permit would apply;

(3) The city permitted massage therapist performed, solicited or in any way made available any service that is not a legitimate, recognized massage service;

(4) The city permitted massage therapist provided and/or continues to provide massage in a manner that poses a danger to the health and safety of clients or the public;

(5) The city permitted massage therapist failed to correct a violation of this chapter after notification from the finance director; or

(6) The city permitted massage therapist failed to pay city business tax as required by the code.

(f) A city permitted massage therapist may appeal the suspension or revocation of the massage therapist permit pursuant to Section 5.65.160. (Ord. 20-2015 § 1, 10-13-15.)