Chapter 117 — MASSAGE THERAPY BUSINESSES

(A) In enacting this chapter, the City Council recognizes that commercial massage therapy is a professional pursuit which can offer the public valuable health and therapeutic services. The City Council further recognizes that, unless properly regulated, the practice of massage therapy and the operation of massage businesses may be associated with unlawful activity and pose a threat to the quality of life in the local community. Accordingly, it is the purpose and intent of this chapter to protect the public health, safety, and welfare by providing for the orderly regulation of businesses providing massage therapy services, discouraging prostitution and related illegal activities carried on under the guise of massage therapy, and establishing certain sanitation, health, and operational standards for massage businesses.

(B) Furthermore, it is the Council’s purpose and intent to rely upon the uniform statewide regulations applicable to massage practitioners and establishments that were enacted by the State Legislature in 2008 as Cal. Business and Professions Code §§ 4600 et seq. by Senate Bill 731, amended in 2011 by Assembly Bill 619, amended in 2014 by Assembly Bill 1147, and amended in 2016 by Assembly Bill 2194 which also amended Cal. Government Code § 51034, to restrict the commercial practice of massage in the city to those persons duly certified to practice by the California Massage Therapy Council, and to provide for the registration and regulation of massage businesses for health and safety purposes to the extent allowed by law.

(Prior Code, § 3900) (Ord. 17-02, passed 2-6-2017)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.

BUSINESS. Includes, but not by way of limitation, everything about which a person can be employed, and means that which occupies the time, attention, and labor of men and women for the purpose of producing a livelihood or profit, and connotes the efforts of men and women by varied and diverse methods of dealing with each other, to improve their individual economic conditions, and for the purposes of this chapter shall include, without limitation, the advertising and soliciting of massages. The term BUSINESS includes, but is not limited to, a massage practitioner who is the sole owner, operator, and employee of a massage business operating as a sole proprietorship, as well as a massage establishment which employs massage practitioners and therapists.

CALIFORNIA MASSAGE THERAPY COUNCIL or CAMTC. The Massage Therapy Organization formed pursuant to Cal. Business and Professions Code § 4600.5.

CERTIFIED MASSAGE PRACTITIONER. Any individual certified by the California Massage Therapy Council as a certified massage therapist or as a certified massage practitioner pursuant to Cal. Business and Professions Code §§ 4600 et seq.

CLIENT. The customer or patron who pays for or receives massage services.

COMPENSATION. The payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.

EMPLOYEE. Any person employed by a massage business who may render any service to the business, and who receives any form of compensation from the business.

HEALTH OFFICER. The person appointed by the County Health Department pursuant to Cal. Health and Safety Code, or his or her authorized representatives or designees.

MASSAGE or MASSAGE THERAPY. Any method of treating the external parts of the body for remedial, health, or hygienic purposes for any form of compensation by means of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances; or with or without supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice; or by baths, including, but not limited to, Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath.

MASSAGE ESTABLISHMENT.

(1) Any business that offers massage therapy in exchange for compensation, whether at a fixed place of business or at a location designated by the customer or client through outcall massage services.

(2) Any business that offers any combination of massage therapy and bath facilities, including, but not limited to, showers, baths, wet and dry heat rooms, pools and hot tubs, shall be deemed a MASSAGE BUSINESS under this chapter.

MASSAGE ESTABLISHMENT PERMIT. The certification issued by the Police Chief, or the Police Chief’s authorized representative(s) or designee(s), and required by this chapter in order to operate a massage establishment in the city.

OPERATOR or MASSAGE BUSINESS OPERATOR. Any and all owners of a massage business.

OUTCALL MASSAGE. The engaging in or carrying on of massage therapy for compensation in a location other than the business operations address set forth on the massage establishment permit.

OWNER or MASSAGE BUSINESS OWNER. Any of the following persons:

• (1) Any person who is a general partner of a general or limited partnership that owns a massage business;

• (2) Any person who has a 5% or greater ownership interest in a corporation that owns a massage business;

• (3) Any person who is a member of a limited liability company that owns a massage business; and

• (4) Any person who has a 5% or greater ownership interest in any other type of business association that owns a massage business.

PERSON. Any individual, firm, association, partnership, corporation, joint venture, limited liability company, or combination of individuals.

POLICE CHIEF. The Police Chief of the city, and his or her authorized representative(s) or designee(s). PRACTITIONER or MASSAGE PRACTITIONER. The terms shall be used interchangeably and mean any person who is certified by the California Massage Therapy Council and administers massage to another person for any form of consideration (whether for the massage, as part of other services or a product, or otherwise).

RECEPTION AND WAITING AREA. An area immediately inside the front door of the massage establishment dedicated to the reception and waiting of patrons of the massage establishment and visitors, and which is not a massage therapy room or otherwise used for the provision of massage therapy services.

SCHOOL OF MASSAGE. Any school or institution of learning that is recognized as an approved school pursuant to Cal. Business and Professions Code Division 2, Chapter 10.5, as currently drafted or as may be amended and is recognized and in good standing with the California Massage Therapy Council.

SOLE PROPRIETORSHIP. Any legal form of business organization where the business owner (sometimes referred to as the SOLE PROPRIETOR ) is the only person employed by that business to provide massage services.

SOLICIT. To request, ask, demand, or otherwise arrange for the provision of services. (Prior Code, § 3901) (Ord. 17-02, passed 2-6-2017)

• (A) Individuals.

(1) On and after the effective date of this chapter, it shall be unlawful for any individual to practice massage therapy for compensation as a sole proprietorship or employee of a massage establishment or in any other capacity within the city unless that individual is a certified massage practitioner by the California Massage Therapy Council.

(2) Certified massage practitioners who are providing massage services as an independent contractor must obtain a valid city business tax certificate.

(B) Businesses. On and after the effective date of this chapter, it shall be unlawful for any business to provide massage for compensation within the city unless all individuals employed by the massage establishment to perform massage, whether as an employee, independent contractor, or sole proprietorship, are certified massage practitioners and said business has obtained a valid massage establishment permit issued by the Police Chief of the city as provided in this chapter and a valid city business tax certificate.

(Prior Code, § 3902) (Ord. 17-02, passed 2-6-2017) Penalty, see § 117.99

• (A) Application. The application for a massage establishment permit shall include all of the following:

• (1) Legal name of the massage business;

• (2) Address and telephone number of the proposed massage business location;

• (3) Legal names of all owners of the massage business;

• (4) A list of all of the massage business’s employees and independent contractors who will be performing massage and a current copy of their CAMTC certification;

• (5) Residential address and telephone number of all owners of the massage business;

• (6) Business address and telephone number of all owners of the massage business;

• (7) The form of business under which the massage business will be operating (for example, corporation, general or limited partnership, limited liability company, or other form);

(8) Each owner or operator of the massage business who is not a CAMTC-certified massage practitioner shall submit an application for a background check, including the following: live scan fingerprints, all arrests, felony or misdemeanor convictions, pleas of guilty, nolo contendere, or expungements; the individual’s business, occupation, and employment history for the five years preceding the date of the application; the inclusive dates of such employment history; the name and address of any massage business or similar business owned or operated by the individual, whether inside or outside the city;

(9) For all owners, 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; and

(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 or independent contractors providing massage services; and acknowledging that failure to comply with Cal. Business and Professions Code §§ 4600 et seq., any local, state, or federal law, or the provisions of this chapter may result in revocation of the business’s massage establishment permit.

(B) Issuance. Upon provision by the massage business of the foregoing documentation, the Police Chief may issue the massage business a massage establishment permit, which shall be valid for two years from the date of issuance. No reapplication will be accepted within one year after an application or renewal is denied or a permit is revoked. Massage establishment permits may not be issued to a massage business seeking to operate at a particular location if:

(1) Another massage business is or was operating at that particular location and that massage business is currently serving a suspension or revocation pursuant to § 117.11, during the pendency of the suspension, or one year following revocation;

(2) Another massage business is or was operating at that particular location and that massage business has received a notice of suspension, revocation, or fine issued pursuant to §§ 117.10 and 117.11, during the ten-day period following receipt of the notice, or while any appeal of a suspension, revocation, or fine is pending; and

(3) Another massage business is or was operating at that particular location and that massage business has outstanding fines issued pursuant to § 117.10 that have not been paid.

(C) Amendment. A massage business shall notify the Police Chief within 30 days after any change in the massage establishment permit information, including, but not limited to, the hiring or termination of certified massage practitioners or any changes in the owner(s), addresses, and/or telephone numbers.

(D) Renewal. A massage establishment shall apply to the Police Chief to renew its massage establishment permit at least 30 days prior to the expiration of said permit. If an application for renewal of a massage establishment permit and all required information is not timely received and the certificate expires, no right or privilege to provide massage shall exist.

(E) Fees. A non-refundable fee as set forth in the Master Fee Schedule and amended from time to time shall accompany the submission of each massage establishment permit application and renewal application to defray, in part, the costs of the application review and permit preparation. There shall be no fee for any amendment of a massage establishment permit unless there is a change of address for the business location, at which time a new massage establishment permit application will be required along with a new facility inspection by both the Police and Fire Departments. The provisions of this section shall not prevent the city from establishing fees for safety inspections as may be conducted from time to time and for the background checks, fingerprinting, and subsequent arrest notification for owners of a massage business who are not CAMTC-certified and who are subject to such background checks pursuant to this chapter. There are certain fees for appeals as described in §§ 37.030 through 37.040.

(F) Transfer. A massage establishment permit shall not be transferred to a new owner or ownership group. All intentions to transfer a massage establishment permit shall require a new application for a massage establishment permit by the new owner(s). A massage establishment permit may not be transferred to a new owner during any period of suspension or one year following revocation pursuant to § 117.99, during the ten-day period following a massage businesses’ receipt of a notice of suspension, revocation, or fine issued pursuant to §§ 117.10 and 117.99 or while any appeal of a suspension, revocation, or fine is pending. Further, a massage establishment permit application shall not be approved until all outstanding fines issued pursuant to § 117.10 have been paid.

evocation pursuant to § 117.99, during the ten-day period following a massage businesses’ receipt of a notice of suspension, revocation, or fine issued pursuant to §§ 117.10 and 117.99 or while any appeal of a suspension, revocation, or fine is pending. Further, a massage establishment permit application shall not be approved until all outstanding fines issued pursuant to § 117.10 have been paid.

(G) Denial. In the event of a denial for a massage establishment permit, notification of the denial and reasons therefor shall be provided in writing and shall be provided to the applicant by personal delivery or by registered or certified mail.

(Prior Code, § 3903) (Ord. 17-02, passed 2-6-2017; Ord. 18-02, passed 3-5-2018)

On or after the effective date of this chapter, no person shall engage in, conduct, carry on, or permit any massage within the city unless all of the following requirements are met.

(A) All massage practitioners must register, in person, with the City Police Department and must present a valid California Massage Therapy Council certificate.

(B) CAMTC-certification/identification card shall be worn by and clearly visible on the massage practitioner’s person during working hours and at all times when the massage practitioner is inside a massage establishment or providing outcall massage.

(C) Massage shall be provided or given only between the hours of 7:00 a.m. and 9:00 p.m. No massage establishment shall be open and no massage shall be provided between 9:00 p.m. and 7:00 a.m. A massage commenced prior to 9:00 p.m. shall nevertheless terminate at 9:00 p.m., and, in the case of a massage establishment,

all clients shall exit the premises at that time. It is the obligation of the massage establishment to inform clients of the requirement that services must cease at 9:00 p.m.

(D) A list of the services available and the cost of such services shall be posted in the reception area within the massage premises, and shall be described in readily understandable language. Outcall service providers shall provide such a list to clients in advance of performing any service. No owner, manager, operator, or responsible managing employee shall permit, and no massage practitioner shall offer or perform, any service other than those posted or listed as required herein, nor shall an operator or a massage practitioner request or charge a fee for any service other than those on the list of services available and posted in the reception area or provided to the client in advance of any outcall services.

(E) A copy of the CAMTC certificate of each and every massage practitioner employed in the establishment shall be displayed in the reception area or similar open public place on the premises. CAMTC certificates of former employees and/or contractors shall be removed as soon as those massage practitioners are no longer employed by or offering services through the massage establishment.

(F) For each massage service provided, every massage establishment shall keep a complete and legible written record of the following information: the date and hour that service was provided; the service received; the name or initials of the employee entering the information; and the name of the massage practitioner administering the service. Such records shall be open to inspection and copying by police officers, or other city officials charged with enforcement of this chapter. These records may not be used by any massage practitioner or operator for any purpose other than as records of service provided and may not be provided to other parties by the massage practitioner or operator unless otherwise required by law. Such records shall be retained on the premises of the massage establishment for a period of two years and be immediately available for inspection during business hours.

s may not be used by any massage practitioner or operator for any purpose other than as records of service provided and may not be provided to other parties by the massage practitioner or operator unless otherwise required by law. Such records shall be retained on the premises of the massage establishment for a period of two years and be immediately available for inspection during business hours.

(G) Massage establishments shall at all times be equipped with an adequate supply of clean sanitary towels, coverings, and linens. Clean towels, coverings, and linens shall be stored in enclosed cabinets. Towels and linens shall not be used on more than one client, unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one client. Soiled linens and paper towels shall be deposited in separate, approved receptacles.

(H) (1) Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bath rooms, tanning booths, and whirlpool baths and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant approved by the Health Officer.

(2) Bathtubs shall be thoroughly cleaned after each use with a disinfectant approved by the Health Officer. All walls, ceilings, floors, and other physical facilities for the business must be in good repair and maintained in a clean and sanitary condition.

(I) Instruments utilized in performing massage shall not be used on more than one client unless they have been sterilized using approved sterilization methods.

(J) All massage establishment operators and their employees, including massage practitioners, shall wear clean, non-transparent outer garments. Said garments shall not expose their genitals, pubic areas, buttocks, or chest, and shall not be worn in such manner as to expose the genitals, pubic areas, buttocks, or chest. For the purposes of this section, OUTER-GARMENTS means a garment worn over other garments and does not include garments like underwear, bras, lingerie, or swimsuits.

(K) No alcohol beverage shall be stored, sold, served or furnished on the premises of any massage establishment. No person shall enter, be, or remain in any part of a massage establishment while in possession of an open container of alcohol, or consuming or using any alcoholic beverage. The owner, operator, responsible managing employee, or manager shall not permit any such person to enter or remain upon such premises.

(L) No tobacco products, as defined in § 114.16, or marijuana cannabis products shall be stored, sold, served, consumed, or furnished on the premises of any massage establishment. No person shall enter, be, or remain in any part of a massage establishment while consuming or using any tobacco or marijuana cannabis product. The owner, operator, responsible managing employee, or manager shall not permit any such person to enter or remain upon such premises.

(M) No massage establishment shall operate as a school of massage, or use the same facilities as that of a school of massage.

(N) No massage establishment shall place, publish, or distribute, or cause to be placed, published, or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective clients that any service is available other than those services listed as an available service pursuant to division (O) below, nor shall any massage business employ language in the text of such advertising that would reasonably suggest to a prospective client that any service is available other than those services as described in compliance with the provisions of this chapter.

(O) No massage shall be given unless the client’s genitals are, at all times, fully covered. A massage practitioner shall not, in the course of administering any massage, make physical contact with the genitals or private parts of any other person regardless whether the contact is over or under the person’s clothing.

(P) Where the establishment has staff available to assure security for clients and massage staff are behind closed doors, the entry to the reception area of the massage establishment shall remain unlocked during business hours when the establishment is open for business or when clients are present.

(Q) No massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall, during business hours, block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises. For the purpose of this division (Q), there is an irrefutable presumption that the visibility is impermissibly blocked if more than 10% of the interior reception and waiting area is not visible from the exterior window.

(R) All signs shall be in conformance with the current ordinances of the city or as outlined in the conditional use permit for the massage establishment.

(S) Minimum lighting consisting of at least one artificial light of not less than 40 watts shall be provided and in operation in each room or enclosure where massage services are being performed on clients, and in all areas where clients are present.

(T) Ventilation shall be provided in accordance with applicable building codes and regulations.

(U) Hot and cold running water shall be provided at all times.

(V) Adequate dressing, locker, and toilet facilities shall be provided for clients.

(W) A minimum of one wash basin for employees shall be provided at all times. The basin shall be located within or as close as practicable to the area devoted to performing of massage services. Sanitary towels shall also be provided at each basin.

(X) Pads used on massage tables shall be covered with durable, washable plastic or other waterproof material. Onetime use disposable pads are permitted as long as they are only used for one client and then disposed of.

(Y) All massage establishments shall comply with all state and federal laws and regulations for handicapped clients.

(Z) A massage practitioner shall operate only under the name specified in his or her CAMTC certificate. A massage business shall operate only under the name specified in its massage establishment permit and city business tax certificate.

(1) No massage establishment permit shall be issued for the operation of a massage establishment in a residence and no massage establishment shall allow any person to reside within the massage establishment or in attached structures owned, leased, or controlled by the massage business.

(2) Other than custodial or maintenance staff, no persons shall be permitted within the premises of a massage establishment between the hours of 11:00 p.m. and 6:00 a.m.

(Prior Code, § 3904) (Ord. 17-02, passed 2-6-2017; Ord. 18-02, passed 3-5-2018) Penalty, see § 117.99

Outcall massage may only be performed under the following criteria.

(A) Residences. Massage may be given at private residences owned or rented by the client. The massage practitioner must be either an employee, independent contractor, or sole proprietor of a currently-permitted massage establishment in the city.

(B) Hotel or motel. At a hotel, motel, or other residential structure operated primarily for transient occupancy, a massage may only be administered with prior authorization in writing by a duly state licensed physician, chiropractor, osteopath, nurses, or any physical therapists unless the massage practitioner is either an employee, independent contractor or sole proprietor of a currently permitted massage establishment in the city.

(C) Special events. At a city-approved special event by a valid CAMTC-certified massage practitioner that is either an employee, independent contractor, or sole proprietor of a currently-permitted massage establishment in the city or an individual operating only at the special event and is in possession of, and has on display, a valid city business tax certificate.

(Prior Code, § 3905) (Ord. 17-02, passed 2-6-2017)

(A) The investigating and enforcing officials of the city and the county, including, but not limited to, law enforcement, code enforcement, fire officials, Health Officer, and the Director of Community Development, or their respective authorized representative(s) or designee(s), shall have the right to enter the premises from time to time during regular business hours for the purpose of making reasonable inspections to observe and enforce compliance with building, fire, electrical, plumbing, or health regulations, and to enforce compliance with applicable regulations, laws, and statutes, and with the provisions of this chapter.

(B) The City Police Department, Community Development Department, and Fire Department may charge a nonrefundable fee as set forth in the Master Fee Schedule and amended from time to time for any safety inspections. (Prior Code, § 3906) (Ord. 17-02, passed 2-6-2017)

(A) A massage establishment shall notify the Police Chief, or his or her designee, of any changes described in § 117.04 pursuant to the timelines specified therein.

(B) A registrant shall report to the Police Chief, or his or her designee, any of the following within 96 hours of the occurrence:

(1) Arrests of any employees or owners of the registrant’s massage business for an offense other than a misdemeanor traffic offense;

(2) Resignations, terminations, or transfers of practitioners employed by the registrant’s massage business; and

(3) Any event involving the registrant’s massage business or the massage practitioners employed therein that constitutes a violation of this chapter or state or federal law.

(C) This provision requires reporting to the Police Chief even if the massage business believes that the Police Chief has or will receive the information from another source.

(Prior Code, § 3907) (Ord. 17-02, passed 2-6-2017)

The provisions of this chapter shall not apply to the following classes of individuals or businesses while engaged in the performance of their duties and providing massage therapy under their scope of practice.

(A) Physicians, surgeons, chiropractors, osteopaths, nurses, or any physical therapists who are duly licensed to practice their respective professions in the state and persons working directly under the supervision of or at the direction of such licensed persons, working at the same location as the licensed person, and administering massage services subject to review or oversight by the licensed person.

(B) Acupuncturists who are duly licensed under the laws of the state while engaging in the practice of acupuncture pursuant to state law.

(C) Barbers and beauticians who are duly licensed under the laws of the state while engaging in practices within the scope of their licenses, except that this provision shall apply solely to the massaging of the neck, face and/or scalp, hands, or feet of the clients.

(D) Hospitals, nursing homes, mental health facilities, or any other health facilities duly licensed by the state, and employees of these licensed institutions, while acting within the scope of their employment.

(E) Accredited high schools, junior colleges, and colleges or universities whose coaches and trainers are acting within the scope of their employment.

(F) Trainers of amateur, semi-professional, or professional athletes or athletic teams while engaging in their training responsibilities for and with athletes; and trainers working in conjunction with a specific athletic event.

(G) Individuals administering massages or health treatment involving massage to persons participating in singleoccurrence athletic or recreational event, such as road races, track meets, triathlons, and other similar events; provided, that all of the following conditions are satisfied:

(1) The massage services are made equally available to all participants in the event;

(2) The event is open to participation by the general public or a significant segment of the public such as employees of sponsoring or participating corporations;

(3) The massage services are provided at the site of the event and either during, immediately preceding, or immediately following the event;

(4) The sponsors of the event have been advised of and have approved the provisions of massage services; and

(5) The persons providing the massage services are not the primary sponsors of the event. (Prior Code, § 3908) (Ord. 17-02, passed 2-6-2017; Ord. 18-02, passed 3-5-2018)

Any massage business operated, conducted, or maintained contrary to the provisions of this chapter shall constitute an unlawful business practice pursuant to Cal. Business and Professions Code §§ 17200 et seq., and the City Attorney may, in the exercise of discretion, in addition to or in lieu of taking any other action permitted by this chapter, commence an action or actions, proceeding or proceedings, in the Superior Court of the county, seeking an injunction prohibiting the unlawful business practice and/or any other remedy available at law, including, but not limited to, abatement, removal of enjoinment thereof, fines, attorneys’ fees, and costs. All remedies provided for in this chapter are cumulative.

(Prior Code, § 3909) (Ord. 17-02, passed 2-6-2017)

(A) Reasons. Massage establishment permits may be suspended or revoked by the Police Chief upon finding any of the following grounds.

(1) A massage practitioner is no longer in possession of current and valid CAMTC-certification. This division (A)

(1) shall apply to a sole proprietor or a person employed or used by a massage establishment to provide massage.

(2) An owner or sole proprietor: is required to register under the provisions of Cal. Penal Code § 290 (sex offender registration); is arrested or convicted of Cal. Penal Code §§ 266i (pandering), 315 (keeping or residing in a house of ill-fame), 316 (keeping disorderly house), 318 (prevailing upon person to visit a place for prostitution), 647(b) (engaging in or soliciting prostitution), or 653.23 (supervision of prostitute); has a business permit or license denied, revoked, restricted, or suspended by any agency, board, city, county, territory, or state; is subject to an injunction for nuisance pursuant to Cal. Penal Code §§ 11225 through 11235 (red light abatement); is convicted of a felony offense involving a controlled substance; is convicted of any crime involving dishonesty, fraud, deceit, violence, or moral turpitude; or is convicted in any other state of an offense which, if committed in the state, would have been punishable as one or more referenced offenses in this division (A).

(3) The city determines that a material misrepresentation was included on the application for a massage establishment permit or a city business tax certificate, or renewal of either.

(4) Violations of any of the following occurred on the premises of a massage establishment or were committed by a massage practitioner: Cal. Business and Professions Code §§ 4600 et seq.; any local, state, or federal law; or the provisions of this chapter.

(B) Procedures. Written notice of the suspension or revocation shall be served on the sole proprietor or owners by certified mail with the legal violation and supporting facts. The notice shall contain an advisement of the right to request an appeal hearing.

(C) Time period of suspension of permit. The Police Chief may suspend a registration for a period between five days and the end of the license term, at his or her discretion.

(D) Effective date of suspension or revocation. Suspension or revocation issued pursuant to division (B) above will be effective ten days from the date appearing on the order, unless a timely appeal is filed in accordance with §§ 37.030 through 37.040.

(E) Reapplication. No reapplication for a massage establishment permit will be accepted within one year after a permit is revoked.

(Prior Code, § 3911) (Ord. 17-02, passed 2-6-2017; Ord. 18-02, passed 3-5-2018)

(A) It shall be unlawful and a public nuisance for a massage establishment to be operated, conducted, or maintained contrary to the provisions of this chapter.

(B) The city may exercise its discretion, in addition to or in lieu of prosecuting a criminal action, to commence proceedings for the abatement, removal, and enjoinment of that business in any manner provided by law. (Prior Code, § 3912) (Ord. 17-02, passed 2-6-2017; Ord. 18-02, passed 3-5-2018) Penalty, see § 117.99

(A) Every person, except those persons who are specifically exempted by this chapter, whether acting as an individual, owner, employee of the owner, operator or employee of the operator, or whether acting as a mere helper for the owner, employee, or operator, or whether acting as a participant or worker in any way, who gives massages or conducts a massage establishment or room, or who does or practices any of the other things or acts mentioned in this

chapter, without first obtaining a massage establishment permit and paying for a business tax certificate to do so from the city, or who violates any provision of this chapter, is guilty of an infraction.

(B) Any owner, operator, manager, or permittee in charge or in control of a massage establishment who knowingly employs a person performing as a massage practitioner, as defined in this chapter, who is not in possession and display of a valid California Massage Therapy Council certificate or who allows such an employee to perform, operate, or practice within such a place of business is guilty of an infraction.

(C) Upon a finding by a law enforcement or code enforcement officer that a business has violated any provision of this chapter, the officer may issue an administrative citation as outlined in §§ 37.030 through 37.040.

(D) Each violation of any provision of this chapter shall constitute a separate violation. Each client to whom massage is provided or offered in violation of this chapter shall also constitute a separate violation. Each day upon which a massage establishment remains open for business in violation of this chapter shall also constitute a separate violation.

(E) If said fine is not paid within the time period specified on the administrative violation an additional late fee shall be charged. The amount of the late fee shall be 10% of the total amount of the civil penalty due. In addition, any outstanding fines must be paid prior to the issuance or renewal of any massage establishment permit or city tax certificate. The city shall collect delinquent or unpaid penalties as outlined in §§ 37.030 through 37.040. (Prior Code, § 3910) (Ord. 17-02, passed 2-6-2017; Ord. 18-02, passed 3-5-2018)