Article III

Certificates Of Operation, Operator And Work Permits

• A. No person shall own or manage any massage establishment in any location within the city without first having obtained an operator permit.

• B. No massage establishment shall be allowed to operate within the city unless the business first obtains a certificate of operation. No certificate of operation shall be approved until each operator identified in the application has obtained an operator permit.

• C. Work Permit. No person shall work as an employee in a massage establishment in a capacity other than operator, massage therapist or massage practitioner, without first having obtained a work permit and no operator of a massage establishment shall allow any such person to work without a valid work permit.

• D. The provisions of Sections 5.48.045, 5.48.140, 5.48.150, 5.48.160 and 5.48.170 shall apply to any business that operates as a massage establishment, even if such business fails to obtain operator permits or a certificate of operation. The chief of police may immediately order a massage establishment that fails to have a certificate of operation or a permitted operator to cease operation.

• (Ord. 1758 § 1 (part), 2015)

• A. Any person desiring to obtain a certificate of operation, operator permit and/or a work permit shall make application in accordance with the provisions of this article. A nonrefundable fee in an amount established by resolution of the city council shall accompany the submission of each application, to defray, in part, the costs of investigation and report.

• B. All applications shall be dated and shall contain the following statements:

  1. A certification under penalty of perjury that the information contained in the application is true and correct; and

  2. An authorization for the city, its officers, agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and to ensure continual compliance with all applicable provisions of law.

• C. Upon receipt of a completed application, the chief of police shall cause an investigation to be conducted by the appropriate departments within the city, including state and local background checks to be conducted for operator and work permits, as specified herein.

• D. Within thirty working days following receipt of a completed application, the chief of police shall either issue the certificate of operation or permit or mail a written statement of his/her reasons for denial thereof. Notwithstanding the above, failure of the city to act upon a completed application within the time frame set forth above shall not be deemed approval of the application pursuant to this chapter. Any certificate of operation or permit issued pursuant to this subsection shall be deemed conditional pending the city's receipt of the California Department of Justice report on the applicant's fingerprints. If the fingerprint report demonstrates that the applicant has made any false, misleading or fraudulent statement of material fact in the permit application or in any report or record required to be filed therewith, or discloses any disqualifying conduct, the permit shall be subject to denial or revocation pursuant to this chapter.

• E. If the chief of police denies an application, a renewal for an application or suspends or revokes a permit, all massage activity at the massage establishment (in the case of a certificate of operation or an operator permit where there are no other valid operator permits) or all activities by an employee (in the case of work permit) must cease following issuance of such denial and no activity for which the certificate of operation or permit is required shall be conducted while any appeal of the denial may be pending.

• F. The chief of police may condition applications or renewals to ensure compliance with the provisions of this chapter.

• (Ord. 1714 § 1 (part), 2010; Ord. 1758 § 1 (part), 2015)

• A. Applications for a certificate of operation shall include the information set forth below:

  1. The full name of the applicant;

  2. The name under which the business is to be conducted, which name must match the name of the business under which the corresponding business tax certificate is issued under Chapter 5.04. No massage establishment shall operate under any business name or conduct business under any designation not specified in the certificate of operation. If the applicant is a corporation, the name shall be exactly as shown on the articles of incorporation;

  3. The address of the proposed massage establishment;

  4. A legal size copy of the floor plan approved as part of the conditional use permit, drawn to scale showing: entrances; exits; windows; interior doors; restrooms; all other separately enclosed rooms with dimensions, including but not limited to closets, storerooms, break rooms, and changing rooms; and location of massage tables and chairs;

  5. A description of any other business operated on the same premises;

  6. A detailed description of the operation and type of services to be provided by the massage establishment, including other therapies to be provided, proposed days and hours of operation and number of massage therapists and practitioners and employees who will provide services at the establishment;

  7. The name of each operator of the massage establishment; and

  8. The name and business addresses and phone number of the owner of the premises, if other than the applicant, on which the massage establishment is to be located. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized acknowledgment from the owner of the property that a massage establishment will be located on his or her property.

• B. The chief of police shall issue a certificate of operation, unless, after investigation, he or she makes any of the following findings:

  1. The massage establishment would not comply with all applicable laws, including but not limited to building, fire, zoning, health and safety regulations, and cannot be conditioned to so comply; or

  2. Any operator of the massage establishment has failed to obtain an operator permit.

• C. A sale or transfer of any reportable interest in a massage establishment, which interest would be required to be reported under subsection (A)(7) of this section in the first instance, shall be reported to the chief of police within ten calendar days of such sale or transfer. The new operator shall apply for and obtain an operator's permit within sixty days of the date of reporting or the certificate of operation shall be null and void and subject to revocation in accordance with the provisions of this chapter.

• D. A certificate of operation is not transferable to a new business at the same location, to a separate location of the same business, or the same business under different ownership at the same location.

• E. Every massage establishment for which a certificate of operation has been granted pursuant to this chapter shall display the certificate in a conspicuous place so it may be readily seen by persons entering the premises.

• F. Notwithstanding any other provision of this code to the contrary, where a notice of intent to suspend or revoke, or a notice of suspension or revocation, has been issued regarding a massage establishment, or the business has otherwise been required to close because of suspension or revocation proceedings against the operator, the chief of police shall not process or issue a new application for a certificate of operation for said location unless or until the suspension or revocation proceedings are dismissed or a final determination is made that the current certificate of operation should not be suspended or revoked, or a three-year period has passed since the occurrence of the activity which gave rise to the suspension or revocation or other criminal actions. This provision is not meant to prohibit the issuance of a certificate of operation to a business which initially failed to obtain a certificate of operation without any prior oral or written notification by the city that such was required; provided, that the massage establishment cease operations immediately upon notification by the city.

• G. Notwithstanding any other provision of this code to the contrary, when a massage establishment has been closed due to criminal activity and such decision is final, no new massage establishment may open in such location and no certificate of operation shall be issued for such location for a period of three years from the date of such final determination. For purposes of this section, closure due to criminal activity includes voluntary closure of the business after there have been arrests at the location or other notices relating to criminal activity or notices relating to suspension or revocation proceedings. This provision is not meant to prohibit the issuance of a certificate of operation to a business which initially failed to obtain a certificate of operation without any prior oral or written notification by the city that such was required.

• H. Where the applicant for the certificate of operation is not the record owner, as shown on the latest county assessment roll, then upon issuance of the certificate, the city shall send written notice to the property owner advising of the issuance of the certificate and the regulations applicable to the massage establishment and the property pursuant to this chapter; this may be accomplished by including a copy of this chapter with the notice. (Ord. 1714 § 1 (part), 2010; Ord. 1758 § 1 (part), 2015)

• A. Application – Contents. Applicants for operator and work permits shall submit the following information:

  1. The full true name of the applicant;

  2. A complete statement listing and explaining any and all aliases and fictitious names used by the applicant within the ten years immediately preceding the application;

  3. The current residence and business address and telephone numbers of the applicant;

  4. A list of all previous residential and business addresses for a minimum of ten years immediately preceding the present address of the applicant and the dates of residence for each address;

  5. The applicant's place of birth, and original documentation to verify both the applicant's identity and employment authorization (if applicable), as listed under 8 USC 1324a(b)(1) and 8 CFR 274a.2(b)(1). Documentation to satisfy this requirement may include, but is not limited to, a California driver license, California identification card, Social Security card, resident alien ("green") card, United States passport (unexpired or expired), unexpired foreign passport that contains a temporary I-551 stamp, or an unexpired employment authorization document issued by the United States Government in compliance with 8 CFR 274a.2(b)(1)(v)(A);

  6. The history of the applicant as to any similar business or occupation within ten years immediately preceding the filing of the application. Such information shall include, but not be limited to, the names and addresses of any other massage establishments or similar businesses the applicant has owned, managed, provided massage technician or any other services at, or worked at, whether the applicant has had a permit or license to operate, manage, provide massage technician or any other services at, or work at a massage establishment denied, revoked or suspended in any jurisdiction; the reasons for any such denial, revocation or suspension; and the business, activity or occupation the applicant engaged in subsequent to such denial, revocation or suspension;

  7. All criminal convictions within the last ten years, excluding minor traffic violations, and the date and place of each such conviction and reason therefor;

  8. A complete set of the applicant's fingerprints taken by the Gardena police department. The applicant shall be responsible for payment of any fingerprinting fee;

  9. The name and address of the establishment where the applicant will be working and, if the applicant is claiming to be an employee of the establishment, proof of bona fide employment by the massage establishment; and

  10. Such other reasonable identification and information as the chief of police may require in order to discover the truth of the matter specified as required to be set forth in the application.

• B. All applicants for operator and work permits shall have their pictures taken by the Gardena police department.

• C. The chief of police shall issue such permit as requested, unless after investigation he or she makes any of the following findings:

  1. The applicant has failed to provide information, documentation and assurances required by this chapter or by the chief of police; has failed to reveal any fact material to qualification; or has supplied information that is untrue or misleading as to a material fact pertaining to the qualification criteria; or

  2. The applicant is a person who has engaged in disqualifying conduct; or

  3. There is substantial evidence that the applicant has engaged in disqualifying conduct, even if there is no conviction for such conduct; or

  4. The applicant has violated any provision of this chapter, or any similar ordinance, law, rule, or regulation of any other public agency which regulates the operation of massage establishments. This provision is not meant to prohibit the issuance of an operator permit to a person who initially failed to obtain an operator permit or certificate of operation without any prior oral or written notification by the city that such permit or certificate of operation was needed; provided, that the massage establishment and/or person cease operations upon notification; or

  5. The criminal history background check report demonstrates that the applicant has made any false, misleading or fraudulent statement of material fact in the permit application or in any report or record required to be filed therewith, or discloses any disqualifying conduct; or

  6. The applicant is not at least eighteen years of age; or

  7. The applicant is delinquent in paying city fees or penalties owed in relation to any permit issued pursuant to this chapter.

• D. Permits issued pursuant to this section shall remain in effect, unless revoked, for a period of three years. Applications for the renewal of a permit shall be filed on a form supplied by the city with the chief of police. Temporary permits shall not be issued and expired permits are not valid, unless the permittee has a written receipt showing that the renewal application was filed at least thirty days prior to expiration, without action having been taken by the chief of police. Any permittee allowing his or her permit to lapse shall be required to submit a new application and pay the corresponding original application fees. Applications shall be signed under penalty of perjury and shall be accompanied by a nonrefundable filing fee established by separate resolution of the city council to help defray the cost of the investigation required by this chapter. An applicant shall be required to update the information contained in his/her original permit application and provide any new and/or additional information as may be reasonably required by the chief of police in order to determine whether said permit should be renewed, including all information required by subsection A of this section. Failure to provide this documentation shall be grounds for nonrenewal of the permit.

• E. Automatic Issuance for CAMTC Certificate Holders.

1. Any person who holds a valid CAMTC certificate as a massage therapist or a massage practitioner shall only be required to provide the following information on a form that includes the statements set forth in Section 5.48.060(B), along with a fee in an amount set by resolution of the city council:

   • a. The full true name of the applicant;

   • b. The current residence and business address and telephone numbers of the applicant; and

   • c. The name and address of the massage establishment for which the operator or work permit is sought.

   2. A copy of the applicant's CAMTC certificate and CAMTC identification card shall be provided with the application.

   3. The applicant shall be required to have his picture taken as specified above.

   4. The operator or work permit shall automatically issue upon verification of the CAMTC certificate by the police department. No background check shall be required.

   5. Renewals shall be required, but such renewals shall be automatic and no fees shall be required as long as the applicant maintains a valid CAMTC certificate.

• F. Every person to whom a permit has been granted pursuant to this chapter shall be issued an identification badge by the Gardena police department which shall contain the person's name, photograph, expiration date and any other information deemed necessary by the chief of police. The badge shall be worn so as to be readily visible at all times while on the premises of the massage establishment.

• G. Permits issued pursuant to this chapter may not be assigned or transferred.

• H. Operator Provisions.

  1. Each operator shall be responsible for the conduct of all employees and independent contractors working on the premises of the business. Failure of the employees or independent contractors to comply with this chapter may result in the revocation of the operator's permit.

  2. The operator of the massage establishment is responsible for verifying that all persons hold the appropriate CAMTC certificate or work permit as required by this chapter.

  3. Any requirement of this chapter applying to an operator shall apply to each and every operator of a massage establishment.

• (Ord. 1714 § 1 (part), 2010; Ord. 1758 § 1 (part), 2015)

It is the duty of each operator and permittee to notify the chief of police whenever there is a change in information which was required to be submitted in the application. Such notification shall be in writing and made within ten business days of the change.

(Ord. 1714 § 1 (part), 2010; Ord. 1758 § 1 (part), 2015)

• A. Action of Chief of Police. Subject to the procedures set forth in this section, the chief of police may suspend or revoke a permit issued pursuant to this chapter whenever the chief of police determines that any of the following has occurred:

  1. The permittee, or an employee or independent contractor working on the premises, is conducting operations in a manner contrary to the provisions of this code;

  2. The permittee, or an employee or independent contractor working on the premises, is conducting operations in a manner which constitutes a public nuisance;

  3. The permittee, or an employee or independent contractor working on the premises, is conducting operations in a manner which is detrimental to the health, safety or welfare of the city or its inhabitants;

  4. There is substantial evidence of prostitution;

  5. The permittee, or any employee or independent contractor working on the premises, has engaged in disqualifying conduct; or

  6. The chief of police makes any of the findings that would have justified denying the application in the first instance.

• B. If, in the discretion of the chief of police, an alleged violation is minor and capable of correction, then prior to suspension or revocation a written notice shall be given to the permittee of the alleged violation(s) involved to allow a period of time to correct the alleged violation(s), which period shall not exceed five business days, at the end of which period an inspection shall be conducted to determine whether the alleged violation(s) has been corrected. For purposes of this section, written notice may be in the form of a notice of violation or an administrative citation.

• C. If the chief of police determines that an alleged violation is not minor or capable of correction, that an alleged violation(s) continues without correction, or that there have been previous violations of this chapter, even if for different reasons, then the chief of police may issue a notice of intent to suspend or revoke, along with an administrative or criminal citation. Examples of a violation which will be determined to be not capable of correction include but are not limited to substantial evidence of prostitution activity on the massage establishment premises or an immediate threat to health, safety or welfare.

• D. Notice of Intent to Suspend or Revoke. A notice of intent to suspend or revoke shall contain a statement of an alleged violation(s) which constitutes the basis for the suspension or revocation, notice of the right of the permittee to respond to the charges either orally or in writing to the chief of police for a pre-appeal determination, notice of the right to appeal to the city manager, and notice that a failure to respond in the time specified shall constitute a waiver of the right to respond, but not the right to appeal. If an alleged violation is capable of correction, the notice shall also advise the permittee to correct an alleged violation(s) within the time to respond.

• E. Response to Notice of Intent.

  1. The time to respond and request a pre-appeal determination shall be five business days from the date of the service of the notice, regardless of whether the materials upon which the notice of intent is based are provided to the permittee at that time.

  2. If there is no response, the permit shall be considered suspended or revoked upon expiration of time in which to respond and request a pre-appeal hearing.

  3. If there is a response, the permit shall remain in effect until a determination is made by the chief of police. In no event shall the chief hold a hearing until at least five business days have passed from the time the city provides the materials upon which the notice of intent is issued to the permittee.

• F. Suspension or Revocation.

  1. If, after consideration of the permittee's response, if any, the chief of police determines that the notice of intent to suspend or revoke should be upheld, then the chief of police shall issue a notice of suspension or revocation and serve it upon the permittee as well as any other interested person requesting a copy of the same. Where all massage activity is required to cease, notice shall also be served on the owner of the property if different from the operator or certificate holder. The notice shall include information about the right to appeal.

     • a. Upon issuance of a notice of suspension or revocation of a certificate of operation, all massage activity at the massage establishment shall cease and no activity for which the certificate of operation is required shall be conducted while any appeal may be pending.

• b. Upon issuance of a notice of suspension or revocation of an operator permit, the operator must cease all work at the massage establishment. If there is no other person who has an operator permit which is not the subject of a suspension or revocation proceeding, then all massage activity at the massage establishment shall also cease and no massage activity shall be conducted while any appeal may be pending.

  • c. Upon issuance of a notice of suspension or revocation of a work permit, all work activity by the subject employee shall cease and no activity for which the permit is required shall be conducted while any appeal may be pending.

• G. Surrender of Certificate of Operation and Permits. Any permittee shall immediately surrender his or her permit or certificate to the chief of police upon its suspension or revocation. The operator shall immediately surrender the certificate of operation upon revocation of an operator permit if there is no other permitted operator.

• (Ord. 1714 § 1 (part), 2010; Ord. 1758 § 1 (part), 2015)

• A. Appeals.

  1. Appeals from a decision of the chief of police to deny, suspend, revoke, or refuse to renew a permit shall be in writing, shall clearly state the applicable basis for the appeal, and shall be filed within the following time frames:

     • a. Appeals from a decision to deny a permit shall be filed not later than ten calendar days following the notice of denial.

     • b. Appeals from a notice of intent to suspend or revoke a permit where no response is filed in accordance with Section 5.48.100(E) shall be filed no later than ten calendar days following the expiration of the response period.

     • c. Appeals from a notice of suspension or revocation issued after a response is filed in accordance with Section 5.48.100(E) shall be filed no later than ten calendar days following the notice of suspension or revocation.

  2. The city clerk shall not accept an appeal from a decision of the chief of police, and no hearing shall be held, unless the appellant has paid a filing fee, in an amount set by resolution of the city council, to defray the cost of such appeal. Any appeal without the timely payment of fees shall be considered to be untimely.

  3. The scope of the appeal hearing pursuant to this section shall be limited to those issues raised by the appellant in the written appeal, as submitted pursuant to subsection (A)(1) of this section.

• B.

• City Manager Action.

1. Upon receipt of a timely filed appeal, the city clerk shall set the matter for hearing before the city manager. The hearing shall be held not fewer than ten calendar days nor more than thirty calendar days from the date of the appeal request. The hearing may be continued from time to time upon the mutual consent of the parties. For the purposes of this section, "city manager" includes a hearing officer appointed by the city manager, in which case the city manager shall adopt the hearing officer's decision as his own.

2. The appellant shall be provided with notice of the time and place of the appeal hearing, as well as a copy of all relevant materials at least seven calendar days prior to the hearing.

3. At the time of such hearing, the city manager shall review the records and files relating to the decision.

   • a. The city manager shall permit any interested person, including the chief of police and the appellant, to present any relevant evidence bearing on the issues involved in the matter.

• b. In conducting the hearing, technical rules relating to evidence and witnesses shall not apply. Any relevant evidence may be admitted if it is material and if it is evidence customarily relied upon by responsible persons in the conduct of their affairs regardless of the existence of any common law or statutory rule which might make admission of such evidence improper over objection in civil actions. Hearsay evidence may be admissible if it is the sort upon which reasonable persons are accustomed to rely in the conduct of serious affairs. The rules of privilege shall be applicable to the extent they are now or are hereafter permitted in civil actions. Irrelevant, collateral, and repetitious testimony shall be excluded.

  • c. In determining whether a person should be disqualified for meeting the definition of a person who has engaged in disqualifying conduct, the city manager may consider: the nature and severity of the act(s) or crime(s); whether there were any additional subsequent act(s) or crime(s); the number of act(s) or crime(s); and how recent the act(s) or crime(s) were.

4. The appellant shall have the burden of proving that he or she meets the requirements for issuing the permit in the first instance. The chief of police shall have the burden of proving that grounds exist for revoking or failing to renew a permit.

   5. Based upon the evidence presented at the hearing, the city manager shall determine whether the decision by the chief of police should be affirmed, modified or reversed.

   6. The city manager's decision shall be communicated in writing to the appellant within ten working days after the close of the hearing and submission of the matter to the city manager for decision. The city manager's decision shall state whether the decision of the chief of police is affirmed, modified or reversed and shall state the reasons therefor. The city manager's decision shall also state that it is final and conclusive, that judicial review may be sought therefrom pursuant to Code of Civil Procedure Section 1094.5, and that any action filed in the superior court shall be filed within ninety days following the city manager's notice pursuant to Code of Civil Procedure Section1094.6.

• (Ord. 1714 § 1 (part), 2010; Ord. 1726 § 9, 2011; Ord. 1758 § 1 (part), 2015)

• A. All notices required to be given pursuant to this chapter shall be served on the responsible party (i.e., permittee, applicant or appellant) either by personal delivery or by deposit in the United States mail in a sealed envelope postage prepaid addressed to such responsible party as the name and address appear in the most recent application on file with the city. Service by mail shall be deemed to have been completed on the date deposited in the mail.

• B. In all cases where the certificate of operation holder is not the property owner, notices shall also be sent to the property owner of record where the notice relates to possible closure of the business due to suspension or revocation.

• (Ord. 1714 § 1 (part), 2010; Ord. 1758 § 1 (part), 2015)