Modesto Municipal Code Art. 2 Licensing and State Certification

A. It shall be unlawful for any person to perform or engage in the practice of massage for compensation within the City unless that person possesses a current, valid, unsuspended and unrevoked CAMTC certificate.

B. It shall be unlawful for any massage business or massage establishment to provide massage for compensation within the City unless all persons employed by the massage business or massage establishment to perform massage; whether as an employee, independent contractor, volunteer, or sole proprietorship, possesses a current, valid, unsuspended and unrevoked CAMTC certificate.

(Added by Ord. 3642-C.S., § 1, effective 3-24-16)

A. Any individual holding a valid Business License issued by the City to perform or engage in massage for compensation within the City prior to the effective date of this chapter, may continue to provide such massage services under that license until that license expires, but shall otherwise comply with the requirements of this chapter. Upon expiration of said license issued by the City, any person who desires to continue to provide massage for compensation within the City shall first obtain a current, valid, unsuspended and unrevoked CAMTC certificate.

B. Any massage business holding a valid Business License issued by the City to provide massage for compensation within the City may continue to operate as a massage business until the license expires provided that all of the massage business' employees providing massage services possess a CAMTC certificate or the equivalent state certificate for massage. Upon expiration of the massage business' City Business License, any massage business that desires to continue to provide massage for compensation within the City shall first ensure that all of the massage business' employees providing massage possess a current, valid, unsuspended and unrevoked CAMTC certificate.

C. All persons, massage businesses or establishments, including its owners, operators, managers, and employees engaged in the practice of massage for compensation within the City shall comply with all health and safety and operating requirements, set forth in this chapter 5-2.105 and 5-2.106, upon its effective date.

(Added by Ord. 3642-C.S., § 1, effective 3-24-16)

It shall be unlawful for any person or massage business to conduct massage for compensation within the City without first obtaining a valid City Business License pursuant to Modesto Municipal Code 6-1.103.

A. Application for License.

1. An applicant wishing to obtain a Business License from the City shall complete a Business License Application form completely and accurately and shall provide a copy of a current and valid CAMTC certificate possessed by every person who will be performing or engaging in the practice of massage for the massage business.

2. Every massage business owner[s] or manager[s] who does not qualify as a massage therapist and is not CAMTC certified must obtain a Massage Business Permit and be subject to a background check and fingerprinting pursuant to Section 5-2.205 prior to the issuance of a City Business License. If any massage business owner[s] or manager[s] are denied a Massage Business Permit then a City Business License cannot be issued to the massage business until such time as the denied business owner[s] or manager[s] is removed from the application for the City Business License.

3. Prior to the issuance of a City Business License, the City shall make a reasonable investigation into the information provided in the application to confirm the facts stated therein.

B. Issuance of License. All business licenses shall be issued in accordance with the Modesto Municipal Code.

C. Renewal of License. A City Business License shall be valid for one (1) year from the renewal date, which is determined at the time the initial application is received and the business license is issued. The City Business License must be renewed within thirty (30) days after the expiration of said City Business License. If an application for renewal of a City Business License and all required information is not timely received and the license expires, no right or privilege to provide massage shall exist.

D. Fees. The fee for a City Business License shall be assessed pursuant to Modesto Municipal Code 6-1.201-6-1.207, as amended by Council from time to time.

(Added by Ord. 3642-C.S., § 1, effective 3-24-16)

The City may, from time to time, request information from CAMTC pertaining to any person who possesses a CAMTC certificate and who is engaging in the practice of massage in the City. The requested information may include, but need not be limited to, the current status of a person's CAMTC certificate, any history of disciplinary action(s) taken against the person, the home and work addresses of the CAMTC certificate holder, and any other information that may be necessary to verify fact relevant to administering the provisions of this chapter.

(Added by Ord. 3642-C.S., § 1, effective 3-24-16)

• Massage Business Permit for Owners and Managers who do not Qualify as Massage Therapists and Who are Not CAMTC Certified.

Every massage business owner[s] and manager[s] who do not possess a current and valid CAMTC certificate, must obtain a Massage Business Permit from the Chief of Police, or his designee, prior to obtaining a business license, according to the following procedures:

A. The massage business owner[s] and manager[s] shall complete an application that requests information regarding topics including, but not limited to, the applicant's current business name and location, occupation, employment history for the five (5) years preceding the date of the application, and the name and address of any massage business or like establishment previously owned or managed by the applicant.

B. All massage business owner[s] and manager[s] subject to this section shall personally appear at the City Police Department to be fingerprinted. The Chief of Police, or his designee, shall conduct or cause to be conducted on its behalf a background investigation of the applicant.

C. At the time of the fingerprinting, the applicant shall pay the Police Department a fingerprinting fee and the cost of obtaining criminal history information and conducting a background investigation. Fees are set forth in the City's fee schedule in amounts established by resolution of City Council and may be amended by Council from time to time.

D. The Chief of Police, or his designee, shall determine, based on the background investigation and the information submitted with the application, whether a Massage Business Permit shall be issued. If the Chief of Police, or his designee, determines that the applicant is not qualified, the Chief of Police, or his designee, shall inform the applicant in writing and specify the reasons for the denial. The City may deny a Massage Business Permit for the following reasons:

i. The applicant has provided materially false information in applying for a Massage Business Permit.

ii. Within five (5) years immediately preceding the date of the filing of the application the applicant has been convicted of, or pled guilty to, any of the following offenses: violation of Penal Code sections 243.4, 261, 266a through 266j, inclusive, 267, 288, 314 to 316 inclusive, 318, 647a, 647b, 647d, 647i, 647j, any offenses requiring registration under Penal Code section 290 or Health and Safety Code section 11590; any felony offense involving the possession for sale, sale, transportation, furnishing, or giving away of a controlled substance specified in Health and Safety Code sections 11054 to 11058, inclusive, as amended; any offense in another state which if committed in California, would have been punishable as one (1) or more of the offenses mentioned here, any offense involving the use of force or violence upon the person of another, or any offense involving theft, embezzlement, or moral turpitude;

iii. Within five (5) years immediately preceding the date of the filing of the application the applicant has had a massage license suspended or revoked; unless the applicant can show mitigating circumstances exist since the revocation or suspension.

E. Any person aggrieved by the decision of the Chief of Police, or his designee, may appeal that decision to the City Manager, or his designee, by filing a notice of appeal within ten (10) days of being notified of the decision.

F. An appeal must be in writing, shall explain the reason(s) for the appeal and mailed to the City Manager's Office, or his designee, with a filing fee of two-hundred-fifty dollars ($250.00) within five (5) days of the date of the written notice. The City Manager, or his designee, shall schedule a hearing within thirty (30) days and provide written notice of the time, date and location of the hearing to the appellant.

G. The hearing shall be conducted pursuant to Modesto Municipal Code 1-6.505. The City Manager, or his designee, shall render a decision within thirty (30) days of the conclusion of the hearing, unless the parties agree otherwise. The City Manager, or his designee, shall notify the appellant in writing of the decision. The decision of the City Manager, or his designee, may be appealed pursuant to Modesto Municipal Code 1-6.507.

H. If a Massage Business Permit is granted by the Chief of Police, or his designee, it shall be valid until such time as the permittee terminates the permit or the permit is suspended or revoked pursuant to Modesto Municipal Code Section 5-2.206. The permit shall be non-transferrable and cannot be sold.

I. A Massage Business Permittee shall notify the Chief of Police, or his designee, in writing at least thirty (30) days after the sale of the massage business or establishment for which he/she obtained the Massage Business Permit is completed.

J. A Massage Business Permit shall be non-transferable and every new owner of a massage business or establishment who does not qualify as a massage therapist and is not CAMTC Certified must obtain a Massage Business Permit before operating a massage business or establishment.

(Added by Ord. 3642-C.S., § 1, effective 3-24-16)

The Chief of Police, or his designee, may suspend and/or revoke a Massage Business Permit issued under this chapter for one (1) or more of the following reasons:

A. A Massage Business Permit was obtained with fraudulent or deceitful information.

B. A Massage Business Permittee violated a provision or provisions of this chapter or the Massage Therapy Act or some other state or federal law. Including a violation of Penal Code sections 243.4, 261, 266a through 266j, inclusive, 267, 288, 314 to 316 inclusive, 318, 647a, 647b,647d, 647i, 647j, any offenses requiring registration under Penal Code section 290 or Health and Safety Code section 11590; any felony offense involving the possession for sale, sale, transportation, furnishing, or giving away of a controlled substance specified in Health and Safety Code sections 11054 to 11058, inclusive, as amended; any offense in another state which if committed in California, would have been punishable as one (1) or more of the offenses mentioned here, any offense involving the use of force or violence upon the person of another, or any offense involving the use of force or violence upon the person of another, or any offense involving theft, embezzlement, or moral turpitude;

C. The massage establishment is not being maintained in compliance with the provisions of this chapter, the Massage Therapy Act (Business & Professions Code Sections 4600-4621, any other provision of the Modesto Municipal Code or any other local, state or federal law and the Massage Business Permittee has failed to promptly remedy any deficiency for which they have received notice.

D. The massage business has knowingly employed, allowed, or permitted a person who was not certified by CAMTC to perform massage services at the massage establishment.

(Added by Ord. 3642-C.S., § 1, effective 3-24-16)

A. The Chief of Police, or his designee, shall send written notice of the suspension or revocation shall be served on the business owner[s] or manager[s] by certified mail with the legal violation and supporting facts. The notice shall contain an advisement of the right to request an appeal.

B. Suspension or revocation issued pursuant to subsection (A) shall be effective five (5) days from the date appearing on the notice, unless a timely appeal is filed in accordance with subsection (C).

C. The decision of the Chief of Police, or his designee, may be appealed to the City Manager's Office, or his designee. An appeal must be in writing, shall explain the reason(s) for the appeal and mailed to the City Manager's Office, or his designee, with a filing fee of two-hundred-fifty dollars ($250.00) within five (5) days of the date of the written notice. The City Manager, or his designee, shall schedule a hearing within thirty (30) days and provide written notice of the time, date and location of the hearing to the appellant.

D. The hearing shall be conducted pursuant to Modesto Municipal Code 1-6.505 and 1-6.506. The City Manager, or his designee, shall render a decision within thirty (30) days of the conclusion of the hearing, unless the parties agree otherwise. The City Manager, or his designee, shall notify the appellant in writing of the decision. The decision of the City Manager, or his designee, may be appealed pursuant to Modesto Municipal Code 1-6.507.

(Added by Ord. 3642-C.S., § 1, effective 3-24-16)

The investigating and enforcing officials of the City, including but not limited to the Chief of Police, or his designees, Chief Building Official or his designees, the Chief of the Fire Department or his designee, shall have the right to enter the massage establishment premises, from time to time, during regular business hours, for the purpose of making reasonable inspections to observe and enforce compliance with applicable laws, statutes and regulations, and with the provisions of this chapter. The Chief Building Official and/or the Chief of the Fire Department may charge a fee for any safety inspections, which shall be established by Council.

(Added by Ord. 3642-C.S., § 1, effective 3-24-16)

Nothing contained in this chapter shall be construed to exempt any person from complying with the provisions of any other applicable ordinance, rule, or regulation, or to exempt a massage establishment or massage therapist from the provisions of any zoning, licensing or other building ordinance, rule or regulation.

(Added by Ord. 3642-C.S., § 1, effective 3-24-16)

A. Any person or massage Business Licensee shall notify the City Finance Department of any amendments or changes necessary to the information provided to the City pursuant to Section 5-2.203.

B. Any person or massage Business Licensee who holds a City Business License pursuant to Section 5-2.203 shall inform the City Finance Department within five (5) days if any of following events occur:

i. Arrest of any employee, owner, manager, operator of the massage establishment.

ii. Any event involving an employee, owner, manager, operator or independent contractor, volunteer that may constitute a violation of this chapter or any state or federal law.

C. This provision shall be complied with even if the licensee believes that the City has or will receive the information from another source.

(Added by Ord. 3642-C.S., § 1, effective 3-24-16)

Any massage business or establishment operated, conducted, or maintained contrary to the provisions of this chapter shall be unlawful and a public nuisance, and the City Attorney may, in the exercise of discretion, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in any manner provided by law, and shall take such other steps and shall apply to such court(s) 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 establishment or business contrary to the provisions of this chapter. All remedies provided for in this chapter are cumulative.

(Added by Ord. 3642-C.S., § 1, effective 3-24-16)

Any massage establishment or business operated, conducted, or maintained contrary to the provisions of this chapter shall constitute an unlawful business practice pursuant to Business & Professions Code section 17200 et seq., and the City Attorney and/or District Attorney may, in the exercise of its discretion, in addition to or in lieu of taking any other action permitted by this chapter, commence an action or actions, proceeding or proceedings in an appropriate court of jurisdiction, seeking an injunction prohibiting the unlawful business practice and/or any other remedy available at law, including but not limited to fines, attorney's fees and costs.

(Added by Ord. 3642-C.S., § 1, effective 3-24-16)

A violation of any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall constitute a misdemeanor and at the discretion of the City Attorney, a violation of any provision of this chapter may be prosecuted in a criminal court. Any violation of this chapter prosecuted as a misdemeanor shall be punishable by a fine of not more than one thousand dollars ($1,000.00), per violation or by imprisonment in the County Jail for a period of not more than six (6) months, or by both fine and imprisonment. All remedies provided for in this chapter are cumulative.

(Added by Ord. 3642-C.S., § 1, effective 3-24-16)

A violation of any of the provisions or failing to comply with any of the mandatory requirements of this chapter, may result in the issuance of an administrative citation and the City may, at its discretion, seek an administrative fine of up to one thousand dollars ($1,000.00).

A. Each violation of any provision of this chapter shall constitute a separate and distinct violation for each and every day during which any violation of any provision of this chapter is committed, continued or permitted by such person.

B. Notice of the assessed fine shall be served by certified mail with the legal violation and supporting facts. The notice shall contain an advisement of the right to file an appeal and the process for contesting the imposition of the fine with the City. The appeal process and timeline shall follow those procedures and timelines set forth in Modesto Municipal Code Section 1-6.502 through 1-6.508.

C. If an appeal is not filed and the fine is not paid within thirty (30) days from either the date of the notice of fine or a notice of determination from the Hearing Officer, the fine may be referred to a collection agency within or external of the City.

D. Any outstanding amounts owed to the City may be recovered through a lien against any real property owned by the offending party or a personal obligation lien against the offending party.

(Added by Ord. 3642-C.S., § 1, effective 3-24-16)

Pursuant to the City Attorney's prosecutorial discretion, the City may enforce violations of this chapter as criminal, civil, and/or administrative violations utilizing administrative remedies. All remedies provided for in this chapter are cumulative.

(Added by Ord. 3642-C.S., § 1, effective 3-24-16)