Indio Municipal Code Ch. 115 Massage Regulations

[Ord. 1453, 12-7-2005]

(A) The City Council finds that massage therapy is an integral component of the scope of services sought by residents and tourists when visiting the Coachella Valley.

(B) The City Council finds and determines that licensing standards pertaining to massage therapy business activities are necessary to protect the public health and safety and the personal safety of massage therapists.

[Ord. 1453, 12-7-2005]

(A) The purpose of this chapter is to ensure the protection of the public health and safety and the personal safety of massage therapists through the establishment of certain massage establishments and therapist permit and licensing standards pertaining to massage therapy business activities within the Coachella Valley and to recognize massage therapy as a legitimate business occupation and health enhancement service.

(B) Nothing in this chapter is intended to permit any use, conduct, and/or activity that violate any federal, state or local law or regulation.

[Ord. 1453, 12-7-2005]

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

APPLICANT

The individual seeking a permit pursuant to this chapter.

BATH

Any place offering steam baths, electric light baths, electric tub baths, shower baths, sponge baths, sunbaths, mineral baths, vapor baths, Russian, Swedish or Turkish baths or any other type of baths, fomentations, alcohol rubs or any other types of rubs or giving salt glows or any type of therapy; or any public bathing place which has in connection therewith a steam room, dry hot room, plunge, shower bath or sleeping accommodations. Excludes a massage therapy establishment, as defined below, that provides only shower(s).

CERTIFIED COPY

A copy of a document that is certified by the issuer as being a true and accurate copy of the original document or a similar document bearing an original signature of the issuer.

CERTIFIED STATEMENT

A written assertion, claim, or declaration bearing the original signature of the issuer.

CITY MANAGER

The City Manager or his or her designated representative.

COACHELLA VALLEY MODEL MASSAGE ORDINANCE

Sections 115.45 through and including 115.64 of this chapter, as adopted by this or any other jurisdiction within the Coachella Valley.

COMMUNICABLE DISEASE

Tuberculosis, or any disease, which may be transmitted from a massage therapist to a patron through normal physical contact during the performance of any massage service.

COMPLETE APPLICATION

An application, which provides all of the requisite information required of an applicant pursuant to this chapter.

CONVICTION

A conviction shall mean a guilty plea or verdict, or a plea of nolo contendere upon a criminal charge, excluding minor traffic violations.

DISQUALIFYING CONDUCT

Any of the following when occurring within five years of any application made pursuant to this chapter:

(1)

Pimping or pandering as set forth in Cal. Penal Code § 266h or § 266i respectively;

(2)

Keeping or residing in a house of ill-fame as set forth in Cal. Penal Code § 315;

(3)

Keeping a house for the purpose of assignation or prostitution, or other disorderly house as set forth in Cal. Penal Code § 316;

(4)

Prevailing upon a person to visit a place of illegal gambling or prostitution as set forth in Cal. Penal Code § 318;

(5)

Lewd conduct as set forth in Cal. Penal Code § 647, subdivision (a);

(6)

Prostitution activities as set forth in Cal. Penal Code § 647, subdivision (b);

(7)

Any offense committed in any other state which, if committed or attempted in this state, would have been punishable as one or more of the offenses set forth in Cal. Penal Code §§ 266h, 266i, 315, 316, 318, or 647, subdivisions (a) or (b);

(8)

Any felony offense involving the sale of any controlled substance specified in Cal. Health and Safety Code §§ 11054,11055,11056,11057, or 11058;

(9)

Any offense committed in any other state which, if committed or attempted in this state, would have been punishable as a felony offense involving the sale of any controlled substance specified in Cal. Health and Safety Code §§ 11054, 11055, 11056, 11057, or 11058;

(10)

Any misdemeanor or felony offense which relates directly to the practice of massage therapy, whether as a massage therapy business owner or operator, or as a massage therapist; or

(11)

Any felony the commission of which occurred on the premises of a massage therapy establishment.

EMPLOYEE

Any person over 18 years of age, other than a massage therapist, who renders any service in connection with the operation of a massage business and receives compensation from the operator of the business or patrons.

EXPOSES TO PUBLIC VIEW

To expose something or someone to the view of a person outside the building where the commercial business is located.

FILING DATE OF APPLICATION

The date on which the Permit Administrator determines that a complete application pursuant to this chapter has been submitted to the Permit Administrator by the applicant.

MANAGER

The individual who is responsible for the management and/or supervision of a massage therapy establishment.

MASSAGE or MASSAGE THERAPY

Any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliances, with or without supplementary aids such as creams, ointments, or other similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or any gratuity. "Massage" and "massage therapy" shall include such manipulation of the body or similar procedures described in this paragraph that are performed in hydrotherapy, spa or similar facilities.

MASSAGE THERAPIST

An individual who, for any consideration whatsoever, performs or offers to perform a massage.

MASSAGE THERAPIST PERMIT

A permit issued to a massage therapist as required by this chapter.

MASSAGE THERAPY ESTABLISHMENT

Any establishment having a fixed place of business for the purpose of deriving income or compensation, in whole or in part, from massage therapy, whether or not massage is performed on the premises.

MASSAGE THERAPY ESTABLISHMENT PERMIT

The permit to operate a massage therapy establishment as required by this chapter.

MINOR

An individual under the age of 18 years.

NUDITY

Means any of the following:

(1)

The appearance or display of an anus, male or female genitalia, pubic region, or a female breast below a point immediately above the top of the areola, or

(2)

A state of undress, which less than completely and opaquely covers an anus, male or female genital, pubic region or a female breast below a point immediately above the top of the areola.

OPERATOR

Any person who has an ownership and/or management interest in the massage therapy establishment or is responsible for any aspect of its day-to-day operations.

OFF-PREMISES MASSAGE

A massage performed by a permitted massage therapist for compensation at a location that is not permitted by the city to operate as a massage therapy establishment.

OUTCALL MASSAGE SERVICE

Any business, the function of which is to engage in or carry on massages at a location designated by the customer or client rather than at a "massage therapy establishment" as defined in this section.

ORIGINAL PERMIT

A massage therapist permit issued by the city without regard to whether or not the applicant holds a massage therapist permit issued by another jurisdiction.

PATRON

Any person who receives a massage in exchange for any form of consideration including, but not limited to, the payment of money. Patrons may also be referred to as "clients" or "customers".

PERMIT

The written permission by the city to engage in the practice of massage for compensation or to own and operate a massage therapy establishment, as required by this chapter.

PERMIT ADMINISTRATOR

The designated official responsible for issuing, revoking and otherwise administering any provision of this chapter.

PERMITTEE

The person to whom a permit has been issued pursuant to this chapter.

PERSON

Any individual, firm, association, partnership, corporation, joint venture, combination of individuals, or any other legal entity.

PHYSICIAN'S CERTIFICATE

A certified statement from a physician licensed to practice medicine in the United States that provides that the applicant has been, within 60 days prior to the filing date of the application, examined by said physician and it has been determined that the applicant is free of any communicable disease, as defined in this chapter.

POLICE CHIEF

The Chief of the Police Department of the city, or his or her designated representative.

RECIPROCAL PERMIT

A permit issued by the city based solely on the fact that the applicant holds a valid massage therapist permit issued by another jurisdiction pursuant to this chapter.

RECOGNIZED SCHOOL OF MASSAGE

Any school or educational institution licensed or approved by the state in which it is located, whose purpose it is to upgrade the professionalism of massage therapists and which teaches the theory, ethics, practice, profession or work of massage and which requires a resident course of study before the student shall be furnished with a diploma or a certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning. Schools offering a correspondence course not requiring actual attendance shall not be deemed a recognized school.

SPECIFIED ANATOMICAL AREA

Human genitals, pubic region, anus, or a female breast below a point immediately above the top of the areola.

SPECIFIED SEXUAL ACTIVITIES

Any of the following:

(1)

The fondling or other erotic touching of specified anatomical area(s);

(2)

Sex acts, normal or perverted, actual or simulated, including, but not limited to, intercourse, oral copulation, masturbation, or sodomy; or

(3)

Excretory functions as part of or in connection with the fondling or other erotic touching of specified anatomical area(s); sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy.

[Ord. 1453, 12-7-2005]

(A) No massage therapy establishment shall be established in the following locations:

(1) In any zone other than commercial zones;

(2) Within 1,000 feet of any residential zone;

(3) Within 800 feet of any parcel of real property on which is located any of the following uses or facilities:

(a) Church, defined herein as any facility used primarily for worship of any religion, or used for other religious purposes;

(b) City, county, state, federal or other governmental public buildings, including but not limited to, city halls, libraries, police and fire stations and post offices;

(c) Schools, public or private, which are defined herein as:

1. Institutions for teaching minor children (e.g., day schools, elementary schools, secondary schools, high schools); and

2. Institutions of higher learning receiving approved graduates of preparatory school and offering instructions in arts, letters and science, leading to the bachelor's degree or master's degree (e.g., colleges and universities).

(4) Within 1,000 feet of any other massage therapy establishment.

(B) The measure of reference distance in this section shall be a straight line from the nearest property line containing the massage therapy establishment to the nearest property line of an affected use, without regard to intervening structures.

[Ord. 1453, 12-7-2005]

(A) Any establishment not specifically permitted by the provisions of this chapter shall be prohibited until such time as this chapter may be amended to permit such establishment.

(B) All permitted establishments shall comply with all regulations and provisions of this chapter except as otherwise provided in this chapter. Nothing in this chapter shall be construed as permitting any activity otherwise prohibited by state or local law.

[Ord. 1453, 12-7-2005]

In addition to the requirements of this chapter governing use and minimum development standards, and all other applicable requirements set forth in this chapter, the following additional requirements shall be met by massage therapy establishments:

(A) The establishment shall have a separate business entrance adjacent to the required parking area and no other non-adult use shall be permitted in the same building space while used as a massage therapy establishment.

(B) Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the Fire Department and Building and Safety Division regulations and standards.

(C) All building openings, entries, windows and the like shall be located, covered or screened in such a manner as to prevent a view into the interior from outside the building.

(D) Lighting in parking lots. Lighting shall be required which is designed to illuminate all off-street parking areas serving such establishment for the purpose of increasing the personal safety of patrons and reducing the incident of vandalism and theft.

(E) Amplified sound. No loudspeakers or sound equipment shall be used by a massage therapy establishment for amplification of sound to a level discernible by the public beyond the walls of the building in which the establishment is located.

(F) The building entrance to the establishment shall be clearly and legibly posted by a notice indicating that minors are precluded from entering the premises.

(G) Establishments shall not display or exhibit any material in a manner which exposes to public view photographs or illustrations of specified sexual activities or one or more naked adults in poses which emphasize or direct the viewer's attention to the subject's genitals.

(H) No alcoholic beverages shall be sold or consumed at a massage therapy establishment.

[Ord. 1453, 12-7-2005]

No massage therapy establishment permit shall be issued unless an inspection by the city reveals that the establishment complies with each of the following minimum requirements:

(A) No massage therapy establishment shall be open for business between the hours of 12:00 a.m. and 7:00 a.m.

(B) A list of services available, described in readily understandable language, and the cost of such services shall be posted or distributed in a conspicuous place on the premises.

(C) The massage therapy establishment permit and a copy of each massage therapist permit shall be displayed in a conspicuous place on the premises.

(D) Maintain a record which includes the date and time of each massage, the name and address of the patron, the name of the person administering such massage, and the type of massage given. Such records shall be made available, upon request, for inspection by the City Manager or Police Chief. The information contained in such records shall be confidential.

(E) The premises shall have adequate equipment for disinfecting and sterilizing non-disposable instruments and materials used in administering massages. Such non-disposable instruments and materials shall be disinfected after use on each patron.

(F) The physical premises itself shall be open from time-to-time to periodical inspections, including, but not limited to, the Building Department and the Fire Department, to determine and insure that the provisions of this code and all codes adopted by reference are met.

(G) All employees, including massage therapists, shall be clean and shall wear clean, nontransparent outer garments, covering their specified anatomical areas, the use of which garments is restricted to the massage therapy establishment. A separate dressing room for each gender must be available on the premises. Each dressing room must provide individual lockers for each employee. Doors to such dressing rooms shall open inward and shall be self-closing.

(H) Toilet facilities shall be provided in convenient locations. When employees and patrons of different genders are on the premises at the same time, separate toilet facilities shall be provided for each gender. A single water closet per gender shall be provided for each 20 or more employees or patrons of that gender on the premises at any one time. Urinals may be substituted for water closets after one water closet has been provided. Toilets shall be designated as to the gender accommodated therein.

(I) Provide a minimum of one bathtub or shower facility for the patrons. However, if male and female patrons are to be served simultaneously, separate facilities for each gender or facilities that may be locked by patrons shall be provided. Where baths, as defined herein, are provided, and both genders are to be served simultaneously, separate rooms or baths shall be provided for each gender. Hot and cold running water under pressure from a potable source shall be provided to all wash basins, bathtubs, showers and similar facilities. Each water basin shall be provided with soap or detergent and single service towels placed in permanently installed dispensers. A trash receptacle shall be provided in each room where such facilities are located. In addition to the wash basin provided for patrons, a minimum of one separate wash basin shall be located within or as close as practicable to each area in which massages are administered and baths are taken.

(J) Maintain lighting intensity of not less than 70 foot candle power at floor level in any room or enclosure in all public rooms, hallways and within each room or enclosure where massages are administered.

(K) Maintain the premises and facilities in good repair and in a clean and sanitary condition. The premises shall be thoroughly cleaned at least once each day the massage therapy establishment is in operation.

(L) Provide clean and sanitary towels, sheets and linens for each patron. No common usage of towels, sheets and linens shall be permitted. Towels, sheets and linens shall be provided in sufficient quantity and shall not be used by more than one person unless such towels, sheets and linens have been re-laundered. Heavy white paper may be substituted for sheets; provided, however, that such paper is used only for one person and then discarded into a sanitary receptacle. Separate closed cabinets or containers shall be provided for the storage of clean and soiled towels, sheets and linens, and such cabinets or containers shall be plainly marked: "clean linen" and "soiled linen."

(M) Cover pad used on massage tables in a workmanlike manner with durable, washable plastic or other waterproof material.

(N) Unlock all exterior doors from interior side during business hours.

(O) Provide a separate locker for each patron to be served, which locker shall be capable of being locked and available to each patron at no extra charge.

(P) No massage therapy establishment granted a permit under the provisions of this chapter shall place, publish or distribute or cause to be placed, published or distributed any advertisement, picture, or statement which is known or through the exercise of reasonable care should be known to be false, deceptive or misleading in order to induce any person to purchase or utilize any professional massage services.

(Q) All electrical equipment shall be installed in accordance with the requirements of the city's Uniform Construction Codes.

(R) It shall be unlawful for any massage to be carried on within any cubicle, room, booth, or any area within a massage therapy establishment which is fitted with a door capable of being locked. All doors or doorway coverings within a massage therapy establishment shall have an unobstructed opening six inches by six inches in size capable of clear two-way viewing into and out of all cubicles, rooms, or booths. The opening shall be not less than four and one-half feet from the floor of the establishment or more than five and one-half feet from the floor. Nothing contained herein shall be construed to eliminate other requirements of statute, ordinance or municipal code concerning the maintenance of premises, or to preclude authorized inspection thereof, whenever such inspection is deemed necessary by the Police or Health Departments.

[Ord. 1453, 12-7-2005]

(A) It shall be unlawful for any massage therapist or any person on the premises of a massage therapy establishment to expose to any other person any "specified anatomical areas," whether his or her own, or those of another, or to perform or receive any "specified sexual activities."

(B) It shall be unlawful for any person owning, operating or managing a massage therapy establishment to knowingly cause, allow or permit in or about such massage therapy establishment any agent, employee or any other person under his or her control or supervision to perform such acts prohibited in division (A) of this section.

(C) Except as provided by this chapter with respect to off-premises massage, it shall be unlawful for any permittee under this chapter, to administer massage on an outcall basis. Such person shall administer massage solely within an establishment licensed to carry on such business under this chapter. Any violation of these provisions shall be deemed grounds for revocation of the permit granted hereunder.

[Ord. 1453, 12-7-2005]

No holder of a massage therapy establishment permit shall employ any person under 18 years of age; nor shall massage therapy services be performed on any patron, customer, or person under 18 years of age, except at the special instance and request of a parent, guardian, or other person in lawful custody of the minor upon whose behalf the massage therapist is engaged.

[Ord. 1453, 12-7-2005]

The police shall from time to time make inspections of each massage therapy establishment for the purposes of determining that the provisions of this chapter are fully complied with. It shall be unlawful for any permittee to fail to allow such inspection officer access to the premises or to hinder such officer in any manner.

The provisions of § 115.99 are to be construed as added remedies and not in conflict or derogation of any other actions or proceedings or remedies otherwise provided by law.

[Ord. 1453, 12-7-2005]

Any massage therapy establishment operated, conducted or maintained contrary to the provisions of this chapter shall be and the same is declared to be unlawful and a public nuisance, and the City Attorney may, in addition to or in lieu of prosecuting a criminal action, commence an action or proceeding, or the abatement, removal or enjoinment thereof, in the manner provided by law; and shall take such other steps and shall apply to such court as may have jurisdiction to grant such relief as will abate or remove such businesses and restrain and enjoin any person from operating, conducting or maintaining a massage therapy establishment contrary to the provisions of this chapter.

Subchapter 2. Massage Therapy Establishment Permits

[Ord. 1453, 12-7-2005]

(A) It shall be unlawful for any person to engage in, conduct, carry on, or to permit to be engaged in, conducted, or carried on, in or upon any premises within the city, the business of a massage therapy establishment without possessing a permit issued pursuant to the provisions of this chapter for each and every separate establishment.

(B) Neither the filing of an application for the permit, nor payment of any fee required under any other provision of this code, shall authorize the engaging in, conducting or carrying on of a massage therapy establishment.

(C) The application fee for a massage therapy establishment permit shall be $500. This fee shall be used to defray the cost of investigation, processing and hearing as set forth herein. The fee is nonrefundable and shall be in addition to any other permit or license fee required under any other provision of the code.

(D) All massage therapy establishment permits shall expire one year from the date of issuance. Applications for renewal shall be made 30 calendar days prior to the expiration date of the permit and shall be subject to a renewal application processing fee. The renewal application fee of $100 is nonrefundable and shall be used to defray the cost of investigation and processing the renewal applications. As necessary to update the information contained within the last application or renewal thereof, application for renewal shall be in the same manner as the original application. However, to the extent that the information previously submitted to the Permit Administrator remains current, a statement to that effect shall be sufficient and no further information or documentation shall be required.

[Ord. 1453, 12-7-2005]

(A) Any person, as defined herein, desiring to obtain a business license tax certificate and a permit for a massage therapy establishment shall file an application, under oath, to the Permit Administrator, upon a form provided, showing:

(1) The name, current permanent residential address and telephone number of the applicant;

(2) The business name, proposed business address of the massage therapy establishment and its telephone number;

(a) If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation and it shall provide a copy of its articles of incorporation. The applicant shall show the name and residence address of each of the officers, directors, and each stockholder owning not less than 10% of the stock of the corporation and the address of the corporation itself, if different than the address of the massage therapy establishment;

(b) If the applicant is a partnership, the application shall show the name and residence address of each of the partners including limited partners and the address of the partnership itself, if different than the address of the massage therapy establishment;

(3) The name and permanent address of the owner of the property upon which the applicant intends to locate the massage therapy establishment. If the property owner is a corporation, the name shall be exactly as set forth in its articles of incorporation and the applicant shall show the name and residence address of each of the officers, directors and stockholders owning not less than 10% of the stock of the corporation. If the property owner is a partnership, the application shall show the name and residence address of each of its partners, including limited partners;

(4) In the event the applicant is not the owner of record of the real property upon which the massage therapy establishment is or will be located, the application must be accompanied by a notarized statement from the owner of record of the real property acknowledging that a massage therapy establishment is or will be located on the property. In addition, the applicant must furnish a copy of the lease or rental agreement pertaining to the premises in which the massage therapy establishment will be located;

(5) The date, hours and location where the massage therapy establishment is proposed to be conducted;

(6) The name(s) or person(s) having the management or supervision of the applicant's business;

(7) Whether or not the applicant has been convicted of a crime, the nature of such offense, the date of conviction, place convicted and the sentence received. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than 10% of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners;

(8) Whether or not the applicant has ever had any similar license or permit revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reasons therefor, and the business activity or occupation subsequent to such action of suspension or revocation. If the applicant is a corporation, this requirement applies to each of the officers, directors, and/or stockholders owning not less than 10% of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners;

(9) Driver's license or other acceptable identification and social security number of the applicant. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than 10% of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners;

(10) Acceptable written proof that the applicant is at least 18 years of age. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than 10% of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners;

(11) The height, weight, color of eyes, color of hair and date of birth of the applicant. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than 10% of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners;

(12) The business, occupation or employment history of the applicant for the last five-year period immediately preceding the date of filing of the application. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than 10% of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners;

(13) Each residence and business address of the applicant for the five-year period immediately preceding the date of the filing of the application. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than 10% of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners;

(14) One front-face portrait photograph of the applicant at least two inches by two inches and a complete set of applicant's fingerprints, which shall be taken by the City Police Department. If the applicant is a corporation, one front-face portrait photograph at least two inches by two inches of all officers, directors and stockholders owning not less than 10% of the stock of said corporation and a complete set of the same officers', directors' and stockholders' fingerprints, which shall be taken by the City Police Department. If the applicant is a partnership, one front-face portrait photograph at least two inches by two inches in size of each partner, including limited partners in the partnership, and a complete set of each partner or limited partner's fingerprints which shall be taken by the City Police Department;

(15) The name and address of each massage therapist who is or will be employed in the establishment;

(16) Applicant must furnish a diploma or certificate of graduation from a recognized school or other institution of learning wherein the method, profession and work of massage is taught as defined in § 115.03; provided, however, that if the applicant will not personally engage in the practice of massage, as defined herein, the applicant need not possess such diploma or certificate;

(17) The name and address of any other massage therapy establishment owned or operated by any person whose name is required to be given in division (A)(2) of this section;

(18) A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than 10% of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners;

(19) Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit;

(20) Such other identification and information necessary to discover the truth of the matters hereinbefore specified as required to be set forth in the application;

(21) The names, current addresses and written statements of at least three bona fide permanent residents of the United States that the applicant is of good moral character. If the applicant is able, the statement must first be furnished from residents of the city, then the county, then the state of California and, lastly, from the rest of the United States. These references must be persons other than relatives and business associates. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than 10% of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners;

(22) Applicant must furnish for any person whose name is required to be given in division (A)(6) the information required by divisions (A)(1), (9) through (14), (16) (17), (19) through (21) of this section;

(B) The holder of the permit for a massage therapy establishment shall notify the Permit Administrator of each change in any of the data required to be furnished by this section within ten days after such change occurs.

[Ord. 1453, 12-7-2005]

(A) All massage therapy establishment permit applications under this chapter shall be submitted to the Permit Administrator.

(B) Upon receipt of an application and payment of the non-refundable application fee, the Permit Administrator shall immediately stamp the application as received on that date. Within 30 days thereafter, the Permit Administrator shall notify the applicant if the application is deemed incomplete. Any subsequent submission shall be deemed a new application, but no additional fee is required.

(C) Upon receipt of a completed application, the Permit Administrator shall cause an investigation to be made by the appropriate individuals or departments, as determined by the Permit Administrator to be necessary for review and investigation of the accuracy of the information contained in the application and compliance with all applicable regulations.

(D) Each department or division to which the application is submitted by the Permit Administrator shall respond in writing to the Permit Administrator.

(E) The Permit Administrator shall grant or deny an application for a massage therapy establishment permit within 60 business days of receipt of a complete application. The Permit Administrator shall grant or deny a renewal application within 30 calendar days of receipt of a complete application.

[Ord. 1453, 12-7-2005]

(A) An application for a massage therapy establishment permit shall be denied if the Permit Administrator finds any of the following:

(1) The applicant is not 18 years of age or older; or

(2) The applicant has made one or more material misstatements in the application; or

(3) The applicant, if an individual; or a stockholder holding more than 10% of the stock of the corporation; any of the officers or directors if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; or the manager or other person principally in charge of the operation of the business; or any of the foregoing individuals, is a person who has engaged in disqualifying conduct, in the past five years; or

(4) Any person to be employed by the applicant has engaged in disqualifying conduct; or

(5) The applicant is required by the California Penal Code to register as a sex offender; or

(6) The applicant has had a permit or license to operate a massage therapy establishment, denied, revoked or suspended by any entity within five years prior to the date of the application; or

(7) The massage establishment, as proposed by the applicant, if permitted, would not comply with all the applicable laws, including, but not limited to, all city building, fire, zoning, and health regulations.

(B) If the Permit Administrator denies the application, he or she shall notify the applicant of the denial in writing and state the reason(s) for the denial.

(C) Any subsequent information submitted to cure the grounds of a denied application shall be treated as a new application.

[Ord. 1453, 12-7-2005]

(A) The Permit Administrator shall issue the permit if there are no grounds to deny the permit as set forth in this chapter.

(B) Except as expressly provided in this chapter, no person shall provide massage therapy services at any location within the city unless said person has first obtained a massage therapy establishment permit issued pursuant to this chapter.

(C) Except as to therapists with an off-premises endorsement, the operator of a massage therapy establishment may only offer massage therapy services performed by a massage therapist with a valid city permit.

[Ord. 1453, 12-7-2005]

Upon application for a massage therapy establishment renewal permit, the applicant shall provide all of the information set forth in § 115.21.

[Ord. 1453, 12-7-2005]

A massage therapy establishment permit shall be revoked by the Permit Administrator if he or she receives notice that, after administrative proceedings conducted in conformity with this code, the city has made any of the following findings or determinations with respect to the permittee:

(A) The massage therapy establishment is conducted in a manner that does not comply with all applicable laws, including but not limited to this chapter and the city's building, zoning and health regulations; or

(B) The holder of the permit is convicted of any disqualifying conduct or is required to register as a sex offender as set forth in Cal. Penal Code § 290; or

(C) The permittee fails to notify the Permit Administrator of any update to the information contained in the application that is required to keep the information current; or

(D) Information contained in the approved application is inaccurate;

(E) Any patron of the permittee contracts any communicable disease during the course of any services offered at the massage therapy establishment;

(F) The permit holder refuses to allow representatives of the city to inspect the business records of the permittee, or any premises utilized by the permittee for massage therapy services;

(G) The holder of the permit has ceased to meet any of the requirements for issuance of the permit.

[Ord. 1453, 12-7-2005]

(A) Any person aggrieved by a decision of the Permit Administrator may file an appeal to the City Council that conforms to the following requirements:

(1) All appeals shall be in writing and shall contain the following information:

(a) Name(s) of the person filing the appeal ("appellants");

(b) A brief statement in ordinary and concise language of the grounds for the appeal; and

(c) The signatures of all parties named as appellants and their mailing addresses.

(2) A filing fee for an appeal of $100, or other amount as established from time to time by City Council resolution, must be paid to the city at or prior to the time of the filing of the appeal.

(3) Any appeal filed that fails to provide all of the information required by this section and the appropriate filing fee shall be deemed incomplete.

(4) A complete and proper appeal of the denial of a permit application shall be filed with the City Clerk within ten calendar days of service of the letter denying the application or within ten calendar days of any other action that is the subject of appeal.

(B) After receiving the written appeal, the City Clerk shall schedule a public hearing before the City Council at the next regularly scheduled City Council meeting for which there is sufficient time to have the matter properly noticed.

(C) The decision of the City Council shall be final.

[Ord. 1453, 12-7-2005]

(A) Any establishment in violation of the provisions of this chapter is unlawful and a public nuisance, subject to abatement, removal or enjoinment thereof in the manner provided by law.

(B) Any violation of the provisions of this chapter shall constitute an infraction violation and the violator shall be subject to the imposition of criminal penalties and civil fines. For each separate violation of any provision of this chapter, the person convicted of such infraction shall be subject to the following fines for each separate violation:

(1) A fine in an amount not to exceed $100 for a first conviction of an offense;

(2) A fine in an amount not to exceed $200 for a second conviction of the same offense within a 12 month period from the date of the first offense; and

(3) A fine in an amount not to exceed $500 for a third conviction of the same offense within a 12 month period from the date of the first offense. The fine for a fourth and subsequent convictions of the same offense within a 12 month period of the date from the first offense shall be $500.

(C) In lieu of issuing an infraction citation, the city may issue an administrative citation, and/or assess an administrative fine consistent with the infraction civil fines set out above, pursuant to any other ordinance within its municipal code.

(D) Nothing in this section shall preclude the city from issuing an infraction or misdemeanor citation upon the occurrence of the same subject offense on a separate day.

(E) The remedies provided herein are not to be construed as exclusive remedies and, in the event of violation, the city may pursue any proceedings or remedies otherwise provided by law.

[Ord. 1453, 12-7-2005]

Upon the sale, transfer, or relocation of a massage therapy establishment the permit shall be null and void. However, upon the death or incapacity of the permittee, an heir or devisee of a deceased permittee, or any guardian of an heir or devisee of a deceased permittee, may continue the massage therapy establishment for a reasonable period of time not to exceed 60 days to allow for reapplication of the permit.

Subchapter 3. Massage Therapist Permits

[Ord. 1453, 12-7-2005]

(A) Massage therapist permit. Except as expressly provided in this chapter, only a person holding a current massage therapist permit issued pursuant to this chapter shall perform or offer to perform massage therapy at a massage therapy establishment located within the city. Nothing herein shall exempt a person from zoning or other applicable requirements set out elsewhere in this code or in the Zoning Ordinance, and every person shall comply with all such requirements.

(B) Off-premises endorsement to massage therapist permit. Except as expressly provided in this chapter, no person shall perform or offer to perform an off-premises massage unless he or she has a valid massage therapist permit, with an off-premises endorsement, issued to him or her pursuant to the provisions of this chapter. Nothing herein shall exempt a person from zoning or other applicable requirements set out elsewhere in this code or in the Zoning Ordinance, and every person shall comply with all such requirements.

(C) Exemptions. Unless specifically exempted by state law, the fact that a person possesses other types of permits and/or licenses does not exempt him or her from the requirement of obtaining a permit that is required by this chapter. The permit requirements of this chapter shall be in addition to the requirement of a business license set out elsewhere in this code, as well as any other license, permit or fee required by any local, county, state or federal law.

[Ord. 1453, 12-7-2005]

By applying for a permit under the Coachella Valley Model Massage Ordinance, the applicant shall be deemed to have consented to the provisions of this chapter and to the exercise thereunder by the Permit Administrator and the city's officials, representatives and employees charged with implementing and/or enforcing the provisions set forth in this chapter.

[Ord. 1453, 12-7-2005]

(A) The city shall designate a Permit Administrator who shall be responsible for granting or denying all permits described in this chapter and said permits shall only be granted or denied pursuant to the provisions described herein and all other applicable laws. If no designation is made pursuant to this section, the City Manager shall be deemed the Permit Administrator.

(B) Where used herein with respect to the Permit Administrator's responsibilities, words such as "shall" and "must" are not intended by the city to self-impose liability or a mandatory duty and are instead intended only to be directory.

[Ord. 1453, 12-7-2005]

(A) If an applicant holds a current massage therapist permit issued by any other jurisdiction pursuant to the Coachella Valley Model Massage Ordinance, then application for a reciprocal massage therapist permit may be made by submission, to the Permit Administrator, of all of the following:

(1) A certified copy of a current massage therapist permit issued, pursuant to the Coachella Valley Model Massage Ordinance, by any other jurisdiction that has adopted its provisions;

(2) A certified copy of the original and all renewal applications related to the massage therapist permit issued by the other jurisdiction pursuant to the Coachella Valley Model Massage Ordinance; and

(3) A non-refundable application fee of $25 to defray the costs of administering this chapter.

(B) If the massage therapy permit submitted in support of an application for a reciprocal permit includes an off-premises endorsement, the application shall be deemed an application for a massage therapist permit and an off-premises endorsement and no further documentation, information or fees shall be required in order to apply for an off-premises endorsement to the reciprocal permit.

[Ord. 1453, 12-7-2005]

(A) If an applicant does not hold a current massage therapist permit issued by another jurisdiction that has adopted the Coachella Valley Model Massage Ordinance, application for issuance of a massage therapist permit by the city shall be made, under oath, on the form set out by the Permit Administrator. The following information, documents and other requirements shall be included with the submission of all such applications:

(1) The applicant's legal name, any aliases and date of birth;

(2) A certified letter of intent to employ from the operator of a massage therapy establishment lawfully operating within the city. Each such letter shall verify that the operator of the massage therapy establishment has reviewed the applicant's qualifications and that the applicant has met the requirements necessary to perform massage therapy at that facility;

(3) The applicant's home and business addresses, corresponding telephone numbers, and permanent address and telephone number, if different;

(4) Written evidence that the applicant is at least 18 years of age;

(5) The previous home addresses of applicant for the ten years prior to the filing date of the application and the dates of residency at each such address;

(6) The names, addresses and descriptions of all current and former businesses owned, operated or managed by applicant for the ten years prior to the filing date of the application and the dates applicant owned, operated or managed each such business;

(7) Employment history for the ten years prior to the date of application, and all massage or similar business history and experience;

(8) Two front-face portrait photographs taken within 30 days of the date of application, at least two inches by two inches in size;

(9) Applicant's weight, height, color of hair and eyes, and gender;

(10) The applicant's driver's license number or identification number;

(11) The applicant's fingerprints taken within the previous 60 days by an agency approved by the Permit Administrator;

(12) The applicant's social security number and/or state or federally issued tax identification number;

(13) Proof, in the form specified here, that applicant is:

(a) A graduate of a recognized school of massage; or

(b) Certified by the National Certification Board for Therapeutic Massage and Bodywork. Proof of certification by the National Certification Board for Therapeutic Massage and Bodywork shall be in the form of a certified copy of the therapeutic massage and bodywork credential issued by said Board. Proof of graduation from a recognized school of massage shall require both of the following:

1. Certified copy of the applicant's diploma or certificate of graduation, or equivalent documentation, establishing that applicant has successfully completed the course of study for competency as a massage therapist offered by the recognized school of massage; and

2. Certified transcript from a recognized school of massage verifying applicant has successfully completed a course of study requiring at least 700 hours of massage therapy training. If the application is submitted concurrently with an application for an off-premises endorsement, the minimum hours of training shall be as set out below for an off-premises endorsement application;

(14) A certified statement from a physician licensed to practice medicine in the United States that provides that the applicant has, within 60 days prior to the filing date of the application, been examined by said physician and it has been determined that the applicant is free of any communicable disease as defined in this chapter;

(15) A list of all of applicant's convictions of crimes, excluding traffic violations;

(16) Whether or not the applicant has ever been convicted of any disqualifying conduct;

(17) Whether or not the applicant is required to register as a sex offender pursuant to the Cal. Penal Code § 290;

(18) Whether or not applicant has had a previous permit, license or other authority for massage services denied, suspended or revoked by any entity. If so, the date, location and reasons for the denial, suspension or revocation;

(19) Whether or not the applicant has been a sole proprietor, general partner, officer, director, member or employee of any massage therapy business that has had a permit, license or authority to operate a massage business denied, suspended or revoked by any entity. If so, the applicant shall provide the name and location of the massage therapy establishment or business for which the permit was denied, suspended or revoked, the date of the denial, suspension or revocation, and the reason(s) for the denial, suspension or revocation; and

(20) The applicant shall provide the Permit Administrator with the authorization to conduct the necessary background investigations to determine the truthfulness and correctness of the information provided by applicant and whether the applicant is qualified pursuant to this chapter to receive the requested massage therapist permit.

(B) The applicant shall date and sign the application and declare under penalty of perjury that the information contained in the application is true and correct.

(C) The applicant shall pay a non-refundable application fee of $150 at the time of filing an application to defray the costs of administering this chapter.

[Ord. 1453, 12-7-2005]

(A) If an applicant does not hold a current permit with an off-premises endorsement issued by another jurisdiction pursuant to the Coachella Valley Model Massage Ordinance, application for an off-premises endorsement to a massage therapist permit issued by the city shall be made, under oath, on the form set out by the Permit Administrator. The following information, documents and other requirements shall be included with the submission of all such applications:

(1) The applicant's legal name;

(2) A copy of applicant's massage therapist permit issued pursuant to this chapter, or reciprocal permit, if application therefor is not submitted concurrently;

(3) Proof, in the form specified here, that applicant is:

(a) A graduate of a recognized school of massage; or

(b) Certified by the National Certification Board for Therapeutic Massage and Bodywork. Proof of certification by the National Certification Board for Therapeutic Massage and Bodywork shall be in the form of a certified copy of the therapeutic massage and bodywork credential issued by said Board. Proof of graduation from a recognized school of massage shall require both of the following:

1. Certified copy of the applicant's diploma or certificate of graduation, or equivalent documentation, establishing that applicant has successfully completed the course of study for competency as a massage therapist offered by the recognized school of massage; and

2. Certified transcript from a recognized school of massage verifying applicant has successfully completed a course of study requiring at least 700 hours of massage therapy training.

(4) The applicant shall provide the Permit Administrator with the authorization to conduct the necessary background investigations to determine the truthfulness and correctness of the information provided by applicant and whether the applicant is qualified pursuant to this chapter to receive the requested off-premises endorsement.

(B) The applicant shall date and sign the application, declaring under penalty of perjury that the information contained in the application is true and correct.

(C) The applicant shall pay a non-refundable application deposit fee of $50 at the time of filing an application for an off-premises endorsement to defray the cost of administering this chapter, which fee shall be in addition to any other permit application fees.

[Ord. 1453, 12-7-2005]

(A) All massage therapist permit applications shall be submitted to the Permit Administrator.

(B) Upon receipt of an application and payment of the non-refundable application fee, the Permit Administrator shall immediately stamp the application as received on that date. Within 30 days thereafter, the Permit Administrator shall notify the applicant if the application is deemed incomplete. Any subsequent submission shall be deemed a new application.

(C) Upon receipt of a completed application, the Permit Administrator shall cause an investigation to be made by the appropriate individuals or departments as determined by the Permit Administrator to be necessary for review and investigation of the accuracy of the information contained in the application and compliance with all applicable regulations.

(D) Each department or division to which the application is submitted by the Permit Administrator shall respond in writing to the Permit Administrator.

(E) The Permit Administrator shall grant or deny an application for an original permit within 60 business days of receipt of a complete application. The Permit Administrator shall grant or deny a reciprocal permit or a renewal application within 30 calendar days of receipt of a complete application therefor.

[Ord. 1453, 12-7-2005]

(A) An application for a massage therapy permit shall be denied if the Permit Administrator finds that, and in the case of an application for a reciprocal permit, the massage therapy permit or off-premises endorsement that the applicant alleges to have been issued by another jurisdiction pursuant to the Coachella Valley Model Massage Ordinance is not valid and/or current. In all other cases, the application shall be denied if the Permit Administrator finds any of the following:

(1) The applicant is not 18 years of age or older;

(2) The application contains false information;

(3) The applicant did not submit either:

(a) A diploma or certificate of graduation or equivalent documentation from a recognized school of massage that verifies that he or she has obtained the requisite number of hours of massage therapy training; or

(b) Therapeutic massage and bodywork credentials issued by the National Certification Board for Therapeutic Massage and Bodywork;

(4) The applicant has been convicted of disqualifying conduct;

(5) The applicant is required by the California Penal Code to register as a sex offender;

(6) The applicant has had a massage therapist permit, or a permit or license to operate a massage therapy establishment, denied, revoked or suspended by any entity within five years prior to the date of the application; or

(7) The application is incomplete or any required information or document has not been provided with the application.

(B) If the Permit Administrator denies the application, he or she shall notify the applicant of the denial in writing and state the reason(s) for the denial.

(C) Any subsequent information submitted to cure the grounds of a denied application shall be treated as a new application.

[Ord. 1453, 12-7-2005]

(A) The Permit Administrator shall issue the permit if there are no grounds to deny the permit as set forth in this chapter.

(B) Except as expressly provided in this chapter, no person shall perform or offer to perform massage therapy at any location within the city unless said person has first obtained a massage therapist permit issued pursuant to this chapter.

(C) Except as to therapists with an off-premises endorsement, the operator of a massage therapy establishment may only offer massage therapy services performed by a massage therapist to whom a massage therapist permit has been issued by the Permit Administrator.

(D) A massage therapist permittee shall not perform or offer to perform massage therapy services at any site other than a lawfully operating massage therapy establishment unless the permittee's massage therapist permit includes an off-premises endorsement.

[Ord. 1453, 12-7-2005]

(A) Upon a finding of good cause therefor, the Permit Administrator may issue a temporary permit to any person who possess a valid permit issued by any other governmental entity pursuant to requirements that are similar to those set out in this chapter, including the training, physical clearance, fingerprinting and background investigation requirements.

(B) Application for a temporary permit shall be made by written request that includes a statement, under penalty of perjury, of the justification for a temporary permit. Said request shall be submitted to the Permit Administrator, together with the following:

(1) A certified copy of a valid permit issued by any other jurisdiction;

(2) A certified copy of the provisions of the ordinance or other local law pursuant to which the permit was issued by said other jurisdiction;

(3) Proof of identification; and

(4) A non-refundable application fee of $25.

(C) All temporary permits shall automatically expire 30 days after the date of issuance of the subject temporary permit. The Permit Administrator shall have the discretion to extend the term of any temporary permit an additional 30 days provided that the entire term of the subject temporary permit does not exceed a total period of 90 days.

(D) The Permit Administrator may condition the issuance of a temporary permit on any additional requirements that he or she deems necessary to assure the purpose and policy of this chapter is met.

[Ord. 1453, 12-7-2005]

(A) During the effective duration of the permit, the permittee shall promptly update, correct or supplement the information contained in the application therefor on file with the Permit Administrator when necessary to keep the information contained therein current and accurate.

(B) Where reference is made herein to any statute or other law, said reference shall include any subsequent amendment or superseding provision thereto.

(C) The fees and fines and other sums set forth in this chapter shall be in effect until the City Council or, if authority hereunder has been delegated to another agency, the governing body thereof, shall, by resolution, fix some other rate based upon a cost factor.

[Ord. 1453, 12-7-2005]

(A) All permits shall expire one year from the date they are issued, except that an off-premises endorsement shall expire concurrently with the corresponding massage therapist permit.

(B) Applications for renewal of a permit shall be made 30 calendar days prior to the expiration date of the permit. As necessary to update the information contained within the last application or renewal thereof, application for renewal shall be in the same manner as the original application. However, to the extent that the information previously submitted to the Permit Administrator remains current, a statement to that effect shall be sufficient and no further information or documentation shall be required except as follows:

(1) Renewal of a reciprocal permit.

(a) Where the applicant seeks to renew a reciprocal permit, application for renewal shall include evidence that the underlying massage therapist permit has been renewed by the issuing jurisdiction and that it remains valid and current.

(b) For renewal of a reciprocal permit, the permittee shall pay a non-refundable renewal application fee of $10 to help defray the expense of administering this chapter.

(c) A reciprocal permit shall not be renewed if the underlying massage therapist permit has expired and has not been renewed, or the underlying permit has been revoked, or is otherwise no longer valid. If renewal of a reciprocal permit is denied because the underlying permit is no longer valid, permittee shall submit a complete, original application and comply with all submission requirements set out above for application for an original massage therapist permit. All such applications shall include an explanation of the reason that the reciprocal permit is no longer valid.

(2) Renewal of original permits.

(a) For renewal of an original massage therapist permit, permittee shall include a current physician's certificate, as described above, with his or her renewal application.

(b) For renewal of an original massage therapist permit, permittee shall also pay a non-refundable renewal application deposit fee of $100 at the time of filing the renewal application to help defray the expense of administering this chapter.

[Ord. 1453, 12-7-2005]

(A) During all times that he or she is performing or offering to perform massage therapy services, every massage therapist shall wear a badge that identifies his or her first or last name. Upon receipt of a request or complaint by a patron, the massage therapist shall advise the patron of the full name of the massage therapy establishment through which the massage therapy services were arranged, and the identity of the Permit Administrator through whom the therapist was issued his or her qualifying massage therapist permit.

(B) All massage therapists shall have in their possession a valid permit issued pursuant to the Coachella Valley Model Massage Ordinance as well as valid identification at all times that he or she is performing or offering to perform massage therapy services within the city.

(C) All massage therapists shall wear non-transparent outer garments covering all specified anatomical areas while performing or offering to perform any massage therapy services.

[Ord. 1453, 12-7-2005]

(A) It is unlawful for any massage therapist, any patron, or any other person present where massage therapy services are being offered or performed, to expose or touch any specified anatomical areas, whether his or her own, or those of another person.

(B) It is unlawful for any massage therapist, any patron, or any other person present where massage therapy services are being offered or performed, to be in a state of nudity.

(C) It is unlawful for any massage therapist, any patron, or any other person present where massage therapy services are being offered or performed, to engage in any specified sexual activities.

(D) No person shall provide or offer to provide any massage therapy services to a minor unless written permission is provided by the minor's parent or legal guardian.

(E) No permittee shall provide or offer to provide massage therapy services under any name not specified in the qualifying permit.

(F) No permittee shall provide or offer any alcoholic beverage to a patron during the course of providing or offering to provide any massage therapy service.

(G) No permittee shall transfer or assign any permit issued pursuant to this chapter to another person or entity. Any attempted transfer shall result in the automatic termination of said permit.

[Ord. 1453, 12-7-2005]

Provided the massage therapist held a permit validly issued by the city prior to the effective date of this chapter, and was in compliance with all requirements of the city with respect thereto, said permit holders shall have until the expiration date of said permit, or one year from the effective date of this chapter, whichever date is earlier, to obtain a permit issued pursuant to the provisions of this chapter.

[Ord. 1453, 12-7-2005]

A massage therapist permit and any off-premises endorsement issued pursuant to the Coachella Valley Model Massage Ordinance, or any predecessor ordinance, shall be revoked by the Permit Administrator whom has issued the permit if he or she receives notice that, after administrative proceedings conducted in conformity with this code, the city has made any of the following findings or determinations with respect to the permittee:

(A) The massage therapy business or service is conducted in a manner that does not comply with all applicable laws, including but not limited to this chapter and the city's building, zoning and health regulations;

(B) The holder of the permit is convicted of any disqualifying conduct or is required to register as a sex offender as set forth in Cal. Penal Code § 290;

(C) The permittee fails to notify the Permit Administrator of any update to the information contained in the application that is required to keep the information current;

(D) Information contained in the approved application is inaccurate;

(E) Any patron of the permittee contracts any communicable disease during the course of any services offered by the permittee;

(F) The holder of the permit, or any applicant therefor, refuses to allow representatives of the city or Permit Administrator to inspect business records of the permittee, or any premises utilized by the permittee for massage therapy services;

(G) The permittee fails to comply with any of the provisions of this chapter; or

(H) The holder of the permit has ceased to meet any of the requirements for issuance of the permit.

[Ord. 1453, 12-7-2005]

(A) Any person aggrieved by a decision of the Permit Administrator may file an appeal to the City Council that conforms to the following requirements:

(1) All appeals shall be in writing and shall contain the following information:

(a) Name(s) of the person filing the appeal ("appellants");

(b) A brief statement in ordinary and concise language of the grounds for the appeal; and

(c) The signatures of all parties named as appellants and their mailing addresses.

(2) A filing fee for an appeal of $100, or other amount as established from time to time by City Council resolution, must be paid to the city at or prior to the time of the filing of the appeal.

(3) Any appeal filed that fails to provide all of the information required by this section and the appropriate filing fee shall be deemed incomplete.

(4) A complete and proper appeal of the denial of a permit application shall be filed with the City Clerk within ten calendar days of service of the letter denying the application or within ten calendar days of any other action that is the subject of appeal.

(B) After receiving the written appeal, the City Clerk shall schedule a public hearing before the City Council at the next regularly scheduled City Council meeting for which there is sufficient time to have the matter properly noticed.

(C) The decision of the City Council shall be final.

[Ord. 1453, 12-7-2005]

(A) Any violation of the provisions of this chapter is unlawful and a public nuisance, subject to abatement, removal or enjoinment thereof in the manner provided by law.

(B) Any violation of the provisions of this chapter shall constitute an infraction violation and the violator shall be subject to the imposition of criminal penalties and civil fines. For each separate violation of any provision of this chapter, the person convicted of such infraction shall be subject to the following fines for each separate violation:

(1) A fine in an amount not to exceed $250 for a first conviction of an offense;

(2) A fine in an amount not to exceed $500 for a second conviction of the same offense within a 12 month period from the date of the first offense; and

(3) A fine in an amount not to exceed $750 for a third conviction of the same offense within a 12 month period from the date of the first offense. The fine for a fourth and subsequent convictions of the same offense within a 12 month period of the date from the first offense shall be $1,000.

(C) In lieu of issuing an infraction citation, the city may issue an administrative citation, and/or assess an administrative fine consistent with the infraction civil fines set out above, pursuant to any other ordinance within its municipal code.

(D) Nothing in this section shall preclude the city from issuing an infraction or misdemeanor citation upon the occurrence of the same subject offense on a separate day.

(E) The remedies provided herein are not to be construed as exclusive remedies and, in the event of violation, the city may pursue any proceedings or remedies otherwise provided by law.

[Ord. 1453, 12-7-2005]

The provisions of this chapter shall not apply to any of the following:

(A) Any physician, surgeon, chiropractor, osteopath, or acupuncturist duly licensed to practice their respective professions in the state, or any nurse or physical therapist working under the supervision thereof, when engaging in any massage therapy practice or activity within the scope of said license. Practical nurses or other persons without qualifications as massage therapists or other persons not duly licensed by the state to practice pursuant to the Medical Practice Act, whether or not employed by a physician, surgeon, chiropractor, osteopath, or acupuncturist, may not perform or offer to perform massage therapy without first obtaining a massage therapist permit pursuant to the provisions of this chapter.

(B) Any treatment administered in good faith in any course of the practice of any healing art or profession by any person licensed to practice any such art or profession under the Business and Professions Code of the state or any other laws of the state.

(C) Barbers, beauticians, manicurists, and pedicurists who are duly licensed under the laws of the state, except that this exemption shall apply solely to the massaging of the scalp, face, neck, arms, hands, or feet of the customer or client for cosmetic or beautifying purposes.

[Ord. 1453, 12-7-2005]

No massage therapist permit or off-premises endorsement shall be transferable and any attempted transfer shall render the permit null and void.

Subchapter 4. Penalty

[Ord. 1453, 12-7-2005]

Notwithstanding any other provision of this chapter, the city may determine that any person violating any of the provisions, or failing to comply with any of the requirements, of this chapter shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not to exceed $1,000, or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense.