La Mesa Municipal Code Ch. 7.14 Massage Business and Massage Technicians

This chapter may be cited as the La Mesa Massage Business and Massage Technicians Regulatory Ordinance.

(Ord. 2109, § 1, June 23, 1977)

It is the purpose and intent of this chapter to provide for the orderly regulation of the business of massage and massage technicians in the city of La Mesa by establishing certain minimum standards for the conduct of this type of business to protect the public health and welfare of the residents of the city of La Mesa.

This ordinance is adopted pursuant to Chapter 6, Part I of Division 1 of Title 5 (Sections 51030 through 51034) of the California Government Code.

(Ord. 2109, Section 1, June 23, 1977).

This ordinance is adopted pursuant to Chapter 6, Part I of Division 1 of Title 5 (Sections 51030 through 51034) of the California Government Code.

(Ord. 2109 § 1, June 23, 1977)

The business of massage is hereby designated "Police Regulated."

(Ord. 2109, § 1, June 23, 1977)

Whenever used in this chapter, the following words and phrases shall mean:

(a) "City" shall mean the city of La Mesa, a municipal corporation in the state of California.

(b) "City Manager" shall mean the city manager of La Mesa, and any officer or employee of city appointed by city manager to act for him.

(c) "Health Department" shall mean the Department of Public Health of the county of San Diego when authorizedly enforcing the terms of this chapter.

(d) "License" shall mean the business license to operate a massage establishment or off-premises massage business required by this chapter.

(e) "Massage" shall mean 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 other 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, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.

(f) "Massage Establishment" shall mean any establishment having a fixed place of business where any individual, firm, association, partnership, corporation, or combination of individuals, engages in, conducts, carries on or permits to be engaged in, conducted or carried on "massages" as defined in this division.

(g) "Massage Technician" shall mean any person who gives or administers to another person, for any form of consideration whatsoever, a "massage" as defined in this division.

(h) "Off-Premises Massage" shall mean the activity of providing massage services at a location other than premises licensed as a massage establishment.

(i) "Permit" shall mean the permit to engage in the activities of a massage technician required by this division.

(j) "Person" shall mean a natural person, firm, co-partnership, association or corporation.

(k) "Specified Anatomical Areas" shall mean: pubic region, human genitals, perineum, anal region and the area of the female breast that includes the areola and the nipple.

(Ord. 2109, § 1; June 23, 1977: Ord. 2404, § 3; November 26, 1985: Ord. 2637 § 1; Nobember 23, 1993)

It shall be unlawful for any person, association, partnership or corporation to engage in, conduct, carry on, or permit to be engaged in, conducted, or carried on, in or upon any premises within the city of La Mesa, the operation of a "massage establishment" as herein defined, without a license issued pursuant to the provisions of this chapter for each and every such massage establishment. The license required hereby shall be in addition to any business tax license required by this code.

(Ord. 2109, § 1, June 23, 1977)

In addition to the requirements of Section 7.14.050, any person, association, partnership, or corporation desiring to operate a massage establishment shall make an application to the county of San Diego, Department of Health Services, for a health permit. An annual nonrefundable fee, the exact amount of which shall be determined and kept on record by the county department of health services, shall accompany the submission of each application to the department of health services to defray the cost of investigation, inspection and enforcement of the health aspects of this division.

Any massage establishment licensee failing to renew the health permit within thirty days after expiration shall be assessed a ten percent penalty for each month of failure to renew added to the cost of the renewal of the health permit fee, and this sum shall be paid to the department of health services. In no case shall the penalty exceed sixty percent of the renewal fee. The imposition and/or payment of the penalty imposed by this section shall not prevent the imposition of any other penalties prescribed by this chapter or prosecution for violation of this chapter.

(Ord. 2404, § 4; November 26, 1985)

(a) Any person, association, partnership, or corporation desiring to obtain a license to operate a massage establishment shall make an application to the chief of police or his designated representative. An initial nonrefundable fee established by city council resolution shall accompany the submission of each application to defray, in part, the cost of investigation, inspection and enforcement of this division. The annual nonrefundable renewal fee shall be established by city council resolution.

(Ord. 2164; September 7, 1978: Ord. 2459 § 9; August 11, 1987).

(b) Each applicant for a license to operate a massage establishment shall furnish the following information to the chief of police:

(1) The full true name and any other names used by the applicant.

(2) The present address and telephone number of the applicant.

(3) The proposed address of the massage establishment.

(4) Each residence and business address of applicant for the three years immediately preceding the date of the application, and the inclusive dates of each such address.

(5) Written proof that the applicant is at least eighteen years of age.

(6) Applicant's height, weight, color of eyes and hair.

(7) Three photographs of applicant at least two inches by two inches taken within six months immediately preceding the date of application. One photograph shall be retained by the chief of police, one by the business license officer and one photograph shall be affixed to the license.

(8) Applicant's business, occupation and employment history for the three years immediately preceding the date of application.

(9) The business license or permit history of the applicant: whether such applicant has ever had any license or permit issued by any agency or board, city, county, or state revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reasons therefor.

(10) All criminal convictions, except traffic violations, and a statement of the dates and places of such convictions.

(11) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its Articles of Incorporation or Charter, together with the state and date of incorporation and names and residence addresses of each of its current officers and directors, and of each stockholder holding more than five percent (5%) of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and residence addresses of each of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the county clerk. If one or more of the partners is a corporation, the provisions of this section pertaining to corporate applicants shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such person shall complete and sign all application forms required of an individual applicant under this division, but only one application fee shall be charged.

(12) The name and address of the owner and lessor of the real property upon or in which the business is to be conducted, and a copy of the lease or rental agreement.

(13) Such other identification and information as may be required in order to discover the truth of the matters herein specified as required to be set forth in the application.

(14) The chief of police may require the applicant to furnish fingerprints when needed for the purpose of establishing identification.

(c) The chief of police shall have a reasonable time, not to exceed thirty days, in which to investigate the application and background of the applicant.

(d) A license shall be issued within thirty days of receipt of the application to any applicant who has furnished all of the information required by this section in the application for such license, provided:

(1) The applicant has not knowingly made a material false statement in the application for the license;

(2) The applicant, if an individual, or in the case of an applicant which is a corporation or partnership, any of its officers, directors, holders of five percent (5%) or more of the corporation's stock, or partners, has not within five years immediately preceding the date of the filing of the application been convicted in a court of competent jurisdictions of any of the following offenses: Section 266i, 266h, 311-311.7, 315, 316, 318, or subdivisions (a), (b) or (d) of Section 647 of the California Penal Code; an offense which requires registration as a sex offender with the chief of police under the Penal Code Section 290; any felony offense involving the sale and/or use of a controlled substance specified in Sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code; or any offense in another state which, if committed in this state would have been punishable as one or more of the heretofore mentioned offenses; or any offense involving use of force or violence upon the person of another; or any offense involving theft, embezzlement or moral turpitude; or any statute, ordinance or regulation pertaining to massage business or massage technicians including but not limited to a conviction for violating any section of this chapter. For the purposes of this section a plea of NOLO CONTENDERE shall be deemed a conviction.

(3) The massage establishment as proposed by the applicant would comply with all applicable laws including but not limited to health, zoning, fire and safety requirements and standards;

(4) The applicant is at least eighteen years of age; and

(5) The applicant has fulfilled the requirements of paragraphs (a) through (i) of Section 7.14.130;

(6) The applicant has not had a massage technician, massage establishment, escort service, nude entertainment, rap parlor, nude photo studio or similar type of license permit suspended for one year or more, or revoked for good cause within three years immediately preceding the date of the filing of the application, and unless the applicant can show a material change in circumstances or mitigating circumstances exist since revocation or suspension.

(Ord. 2109 § 1; June 23, 1977: Ord. 2599 §§ 1, 2; April 28, 1992: Ord. 2637 § 2; November 23, 1993)

It shall be unlawful for any person, association, partnership or corporation to engage in, conduct, carry on, or advertise, or to permit to be engaged in, conducted or carried on, any off-premises massage business within the city of La Mesa without a license issued pursuant to the provisions of this division for each and every such massage business. The license required hereby shall be in addition to any business tax license required by this code.

(Ord. 2109 § 1; June 23, 1977)

(a) Any person, association, partnership, or corporation desiring to obtain a license to conduct an off-premises massage business shall make an application to the chief of police or his designated representative. An initial nonrefundable fee as established by city council resolution shall accompany the submission of each application to defray, in part, the cost of investigation, inspection and enforcement of this division. The annual nonrefundable renewal fee shall be established by city council resolution.

(Ord. 2459 § 10; August 11, 1987).

(b) Each applicant for a license to conduct an off-premises massage business shall furnish to the chief of police all the information required by Section 7.14.060 through 7.14.060(b) (14) of this chapter.

(c) The chief of police shall have a reasonable time, not to exceed thirty days, in which to investigate the application and background of the applicant.

(d) A license shall be issued within thirty days of receipt of the application to any applicant who has furnished all of the information required by this division in the application for such license, provided:

(1) The applicant has not knowingly made a material false statement in the application for the license;

(2) The applicant, if an individual, or in the case of an applicant which is a corporation or partnership, any of its officers, directors, holders of five percent or more of the corporation's stock, or partners, have not within five years immediately preceding the date of the filing of the application been convicted in a court of competent jurisdiction of any of the following offenses: Section 266i, 315, 316, 318 or subdivision (b) of Section 647 of the California Penal Code; an offense which requires registration as a sex offender with the chief of police under Penal Code Section 290; any felony offense involving the sale and/or use of a controlled substance specified in Sections 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety Code; or any offense in another state which, if committed in this state would have been punishable as one or more of the heretofore mentioned offenses; or any offense involving use of force or violence upon the person of another; or any offense involving theft, embezzlement or moral turpitude; or any statute, ordinance or regulation pertaining to massage business or massage technicians including but not limited to a conviction for violating any section of this chapter. For the purposes of this section a plea of NOLO CONTENDERE shall be deemed a conviction.

(3) The applicant is at least eighteen years of age.

(e) Off-premises massage operations shall be carried on only between the hours of 7:00 a.m. and 10:30 p.m.

(Ord. 2109 § 1; June 23, 1977: Ord. 2599 § 3; April 28, 1992: Ord. 2638 § 3; November 23, 1993)

It shall be unlawful for any person to engage in the business of acting or act as a massage technician without a permit issued pursuant to the provisions of this division.

(Ord. 2109 § 1, June 23, 1977)

(a) Any person desiring to obtain a permit to act as a massage technician shall make an application to the chief of police, or his designated representative. An initial nonrefundable fee as established by city council resolution shall accompany the submission of each application to defray, in part, the cost of investigation and examination as required by this division. The annual nonrefundable renewal fee shall be established by city council resolution.

(Ord. 2459 § 11; August 11, 1987).

(b) Each applicant for a permit to act as a massage technician shall furnish the following information to the chief of police:

(1) The full true name and any other names used by the applicant.

(2) The present address and telephone number of the applicant.

(3) Each residence and business address of applicant for the three years immediately preceding the date of the application, and the inclusive dates of each such address.

(4) Written proof that the applicant is at least eighteen years of age.

(5) Applicant's height, weight, color of eyes and hair.

(6) Three photographs of applicant at least two inches by two inches taken within six months immediately preceding the date of application. One photograph shall be retained by the chief of police, one by the business license officer and one photograph shall be affixed to the permit.

(7) Applicant's business, occupation and employment history for the three years immediately preceding the date of application.

(8) The business license or permit history of the applicant; whether such applicant has ever had any license or permit issued by any agency or board, city, county, or state revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reason therefor.

(9) All criminal convictions, except traffic violations, and a statement of the dates and places of such convictions.

(10) The massage establishment, if any, at which the applicant expects to be employed.

(11) A certificate from a medical doctor, licensed to practice in the state of California, stating that the applicant has within thirty days immediately preceding the date of application been examined and had no communicable disease on the date of the examination.

(12) Proof of successful completion of an examination prepared and conducted by the Department of Public Health of the county of San Diego wherein the applicant is required to demonstrate a basic knowledge of anatomy, physiology, hygiene and manual and mechanical massage. The examination shall include both a practical demonstration and a written test. The written test shall test the competency and ability of the applicant to engage in the practice of massage.

Every applicant who fails to successfully complete such examination shall not be eligible for another examination until thirty days after taking the previous examination.

(13) Applicant shall furnish written proof of graduation and certified transcript of grades from a school or institution of learning which has for its purpose the teaching of the theory, methods, profession or work of massage, which school requires residence course study of not less than two hundred hours to be given in not less than three months before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning, following the successful completion of such course of study or learning, and which school has been approved by the state Superintendent of Public Instruction pursuant to the California Education Code.

(14) Such other identification and information as may be required in order to discover the truth of the matters herein specified as required to be set forth in the application.

(15) The chief of police may require the applicant to furnish fingerprints when needed for the purpose of establishing identification.

(16) Massage technicians who are renewing their permits shall not obtain a renewal unless all of the foregoing information set forth in Subsections (b)(1) through (15) has heretofore been provided to the chief of police.

In addition, massage technicians who are renewing their permits shall, on an annual basis, set forth any changes in the foregoing information and shall submit the aforementioned medical certificate and three photographs with their renewal application.

(c) The chief of police shall have a reasonable time, not to exceed thirty days, in which to investigate the application and background of the applicant.

(d) A permit shall be issued within thirty days of receipt of the application to any applicant who has furnished all of the information required by this section in the application for such permit, provided:

(1) The applicant has not knowingly made a material false statement in the application for the permit;

(2) The applicant has not within five years immediately preceding the date of the filing of the application been convicted in a court of competent jurisdiction of any of the following offenses: Section 266i, 315, 316, 318 of subdivision (b) of Section 647 of the California Penal Code; an offense which requires registration as a sex offender with the chief of police under Penal Code Section 290; any felony offense involving the sale and/or use of a controlled substance specified in Section 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code; or any offense in another state which, if committed in this state would have been punishable as one or more of the heretofore mentioned offenses; or any offense involving use of force or violence upon the person of another; or any offense involving theft, embezzlement or moral turpitude; or any statute, ordinance or regulation pertaining to massage business or massage technicians including but not limited to a conviction for violating any section of this chapter. For the purposes of this section a plea of NOLO CONTENDERE shall be deemed a conviction.

(e) A permit to act as a massage technician does not authorize the operation of a massage establishment. Any person obtaining a permit to act as a massage technician who desires to operate a massage establishment must separately apply for a license therefor. A person who applied for a license to operate a massage establishment and who desires to act as a massage technician within said establishment who pays the fee required by Section 7.14.060 of this chapter shall not be required to pay the fee required by this section.

(Ord. 2109, § 1; June 23, 1977: Ord. 2404, § 1; November 26, 1985: Ord. 2599 § 4; April 28, 1992: Ord. 2638 §§ 4 — 8; November 23, 1993)

This chapter shall not apply to the following classes of individuals; and no permit shall be required of such persons while engaged in the performance of the duties of their respective professions; nor shall a license be required for the establishment at which a massage is administered by or under control and direction of such persons.

(a) Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duly licensed to practice their respective professions in the state of California.

(b) Nurses who are registered as such under the laws of the state of California.

(c) Barbers and beauticians who are duly licensed under the laws of the state of California.

(d) Trainers of any amateur, semi-professional or professional athlete or athletic team.

(e) Holistic health practitioners who are non-medical health care therapists and use a massage specialty and therapeutic approach in caring for clients and who present to the chief of police proof of satisfactory completion of one thousand hours of instruction in such specialty or therapeutic approach at a school with a state approved curriculum and proof of membership in a state or nationally chartered organization devoted to the specialty or therapeutic approach. The practice of such health care therapists may include other services such as nutritional assistance or counseling as long as all activities are directed toward health care.

(f) All individuals who use a massage specialty and therapeutic approach in caring for clients while under the "control and direction" of any of the exempted classes of individuals as listed above in subsections (a) through (e) must have a valid massage technician permit and comply with all the requirements of Section 7.14.090.

(g) For the purpose of this section any individual using massage specialty and therapeutic approach in caring for clients is considered under the "control and direction" of any exempt class individual only when a member of that exempt class is physically present on the establishment premises where the massage is being administered.

(h) Massage technicians licensed by the state of California pursuant to the Business and Professions Code (SB 731).

(Ord. 2523 § 1; April 25, 1989: Ord. No. 2009-2800, § 1; July 28, 2009)

All persons operating or employed as massage technicians at the time this division becomes effective shall obtain a Massage Technician Permit within sixty days of the effective date of this division.

(Ord. 2109 § 1; June 23, 1977)

No person, association, partnership, or corporation shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on the operation of a massage establishment unless each and all of the following requirements are met:

(a) Each person employed or acting as a Massage Technician shall have a valid permit issued pursuant to the provisions of this division, and it shall be unlawful for any owner, operator, responsible managing employee, manager or permittee in charge of or in control of a massage establishment to employ or permit any person to act as a Massage Technician who is not in possession of a valid, unrevoked Massage Technician Permit.

(b) The possession of a valid massage establishment business license does not authorize the possessor to perform work for which a Massage Technician Permit is required.

(c) Massage operations shall be carried on, and the premises shall be open, only between the hours of 7:00 a.m. and 10:30 p.m. and all customers, patrons and visitors shall be excluded from premises between the hours of 10:30 p.m. and 7:00 a.m.

(d) A list of services available and the cost of such services shall be posted in an open and conspicuous public place on the premises. The services shall be described in readily understandable language. No owner, operator, responsible managing employee, manager, or permittee in charge of, or in control of the massage establishment, shall permit, and no massage technician shall offer to perform, any services other than those posted.

(e) The massage establishment business license, public health permit, and a copy of the permit of each and every massage technician employed or working in the establishment shall be displayed in an open and conspicuous public place on the premises.

(f) A minimum of one tub or shower and one toilet and wash basin shall be provided for the patrons in every massage establishment; however, if male and female patrons are to be served simultaneously at said establishment, separate toilet facilities shall be provided for male and female patrons. Hot and cold running water under pressure shall be provided to all wash basins, bathtubs, showers, and similar equipment. Each wash basin shall be provided with soap or detergent and sanitary towels placed in permanently installed dispensers. A trash receptacle shall be provided in each toilet room.

(g) Clean and sanitary towels, sheets and linens shall be provided for each patron receiving massage services. No common use of towels or linens shall be permitted and reuse is prohibited unless they have been first relaundered. Heavy white paper may be substituted for sheets provided that such paper is used once for each person, then discarded into a sanitary receptacle.

(h) Disinfecting agents and sterilizing equipment sufficient to assure the cleanliness and safe condition thereof shall be provided for any instruments used in performing any massage.

(i) Pads used on massage tables shall be covered in a workmanlike manner with durable, washable plastic or other waterproof material.

(j) Each establishment shall provide to all patrons clean, sanitary and opaque coverings capable of covering the patron's specified anatomical areas. No common use of such covering shall be permitted, and reuse is prohibited unless having been adequately cleaned. In addition, no owner, operator, responsible managing employee, manager, or permittee in charge of or in control of a massage establishment shall permit a massage to be given unless the patron is covered by the covering provided by the establishment.

(k) With the exception of bathrooms, showers and dressing rooms, no owner, operator, responsible managing employee, manager, or permittee in charge of or in control of any massage establishment shall permit any person in any area within the massage establishment which is used by the patrons or which can be viewed by patrons from such an area, unless the persons' specified anatomical areas are fully covered.

(l) No owner, operator, responsible managing employee, manager, or permittee in charge of or in control of a massage establishment shall during the course of any service or task associated with the operation of a massage operation knowingly permit any person to massage, or intentionally touch or offer to massage or touch the specified anatomical areas of another person.

(m) No owner, operator, responsible managing employee, manager, or permittee in charge of or in control of a massage technician shall permit any massage technician to be on the premises of a massage establishment during its hours of operation or performing or available to perform any task or service associated with the operation of a massage business, unless the massage technician is fully covered from a point not-to-exceed four inches above the kneecap to the base of the neck, excluding the arms with the following exceptions:

Shorts may be worn so long as they extend down the leg a minimum of three inches from the crotch and the body above that point is fully covered to the base of the neck excluding the arms. The covering, which includes trousers, pants, or shorts, will be of opaque material and will be maintained in a clean and sanitary condition. Regulatory only within this division.

(Ord. 2109 § 1; June 23, 1977: Ord. 2404 §§ 2, 5; November 26, 1985: Ord. 2599 §§ 5, 6; April 28, 1992)

No person shall engage in, conduct or carry on the services of a massage technician unless each and all of the following requirements are met:

(a) No massage technician, while performing any task or service associated with the massage business, shall present in any room with another person unless the person's specified anatomical areas are fully covered.

(b) No massage technician, while performing any task or service associated with the business of massage, shall massage or intentionally touch or offer to massage or touch the specified anatomical areas of another person.

(Ord. 2404, § 6; November 26, 1985)

Any person, association, partnership or corporation engaging in, conducting, or carrying on the operation of a "massage establishment" on the effective date of this chapter, shall, except as otherwise provided herein, comply with all of the provisions of this chapter within sixty days of the effective date of this chapter. Any person, association, partnership or corporation coming within this section shall comply with paragraph (f) of Section 7.14.120 no later than one year after the effective date of this chapter.

(Ord. 2109 § 1, June 23, 1977)

Every person, association, firm or corporation operating a massage establishment under a license as herein provided shall keep a record of the date and hour of each treatment, the name and address of the patron, and the name of the technician administering such treatment. Said record shall be open to inspection by officials charged with the enforcement of these provisions for the purposes of law enforcement and/or health and for no other purpose. The information furnished or secured as a result of any such inspection shall be confidential. Any unauthorized disclosure or use of such information by any officer or employee of the city shall constitute a misdemeanor and such officer or employee shall be subject to the penalty provisions of this code, in addition to any other penalties provided by law. Identical records shall be kept of treatments rendered off the business site, and, in addition, shall describe the address where the treatment was rendered. Said records shall be maintained for a period of ninety days.

(Ord. 2599 § 8; April 28, 1992)

No person licensed to do business as herein provided shall operate under any name or conduct his business under any designation not specified in his license.

(Ord. 2109 § 1; June 23, 1977)

A change of location of a licensed massage establishment shall be approved by the chief of police provided all applicable provisions of this division are complied with and a nonrefundable change of location fee of fifteen dollars ($15) has been paid to the chief of police, and the health department and the department of building inspection have inspected the new location and have advised the chief of police that it complies with the requirements of this division.

(Ord. 2109 § 1; June 23, 1977)

Thirty days after the sale or transfer of any interest in a massage establishment or off-premises massage business, any license heretofore issued shall be null and void. A new application shall be made by any person, firm, or entity desiring to own or operate the massage establishment or off-premises massage business. A fee of twenty dollars ($20) shall be payable for each such application involving sale or other transfer of any interest in an existing massage establishment or off-premises massage business. The provisions of Section 7.14.060 of this chapter shall apply to any person, association, partnership, or corporation applying for a massage establishment license for premises previously used as such establishment.

Any such sale or transfer of any interest in any existing massage establishment or any application for an extension or expansion of the building or other place of business of the massage establishment shall require inspection and shall require compliance with Section 7.14.130 of this division.

(Ord. 2109 § 1; June 23, 1977)

In the event that any person holding a license or permit issued pursuant to this chapter shall violate or cause or permit to be violated any of the provisions of this chapter, or any provisions of any other ordinance or law relating to or regulating said business or occupation, or shall conduct or carry on such business or occupation in an unlawful manner, or is convicted of any of those crimes contained in Section 7.14.060(d)(2), the chief of police may, in addition to other penalties provided by ordinance, suspend or revoke the license or permit. Said decision will be final within ten calendar days following the date of the decision unless a hearing pursuant to Section 7.14.190 is requested in writing.

(Ord. 2190, § 1; June 23, 1977; Ord. 2599, § 7; April 28, 1992)

Any person who has been denied a license or permit, or any person whose license or permit issued pursuant to this division has been suspended or revoked, may request a hearing conducted by the City Manager's office. The request for a hearing must be in writing and must be made within ten (10) calendar days from the date of the decision denying, suspending or revoking the license or permit. Upon receiving a written request for a hearing, the City Manager or his delegate shall call a hearing and shall set forth in writing and send to the applicant, licensee or permittee by means of registered mail, certified mail or hand delivery, notice that within a period of not less than five (5) nor more than fourteen (14) days from the date of the posting of said notice, a hearing shall be conducted to determine the existence of any facts which constitute grounds for the denial, suspension or revocation of a license or permit. The notification shall include the date, time and place of hearing. The hearing shall be conducted by a hearing officer, appointed by the City Manager. The applicant, licensee or permittee may have the assistance of counsel or may appear by counsel and shall have the right to present evidence. In the event that the applicant, licensee or permittee, or counsel representing the applicant, licensee or permittee fails to appear at the hearing, the evidence of the existence of facts which constitute grounds for denial, suspension or revocation of the license or permit shall be considered unrebutted. A copy of the decision of the hearing officer specifying findings of fact and the reasons for the decision shall be furnished to the applicant or licensee. The hearing officer shall inform the party against whom the decision is rendered of his right to appeal pursuant to Section 7.14.210 of the Chapter.

(Ord. 2109 § 1, June 23, 1977)

The effect of a decision by the hearing officer shall be stayed while an appeal to the City Council is pending or until the time for filing such appeal has expired.

(Ord. 2109 § 1, June 23, 1977)

Within ten (10) days after receipt of the decision of the hearing officer, any party affected by the decision may file with the City Clerk a written request for a public hearing before the City Council. Upon the filing of such a request, the City Clerk shall within fourteen (14) days thereafter set the matter for a hearing and shall notify the appellant of the date, time and place of such hearing at least five (5) days before the hearing date. At the hearing, any person may present evidence in opposition to, or in support of, appellant's case. At the conclusion of the hearing, the City Council shall either grant or deny the appeal; the decision of the City Council shall be final.

(Ord. 2109 § 1, June 23, 1977)

The Police Department and Health Department shall make reasonable and periodic inspections of the foyer, hallways, restrooms, and other areas used or intended for use in common by customers, and unoccupied rooms of each and every massage establishment in the City of La Mesa during hours of the business operation for the purpose of determining that there is compliance with the provisions of this Chapter and the laws of the State of California.

(Ord. 2109 § 1, June 23, 1977)

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this division. The council hereby declares that it would have adopted the chapter and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

(Ord. 2109 § 1; June 23, 1977)

It shall be unlawful for any person to violate any provision of this chapter. A violation of any of the provisions or failing to comply with any mandatory requirements of this chapter shall constitute a misdemeanor and shall be subject to the provisions of the general penalty clause as set out in Section 1.01.080 of the code of the city of La Mesa.

(Ord. 2638 § 3; November 23, 1993)