Newark Municipal Code Ch. 5.24 Massage Establishments

A. The permit requirements and restrictions imposed by this chapter are reasonably necessary to protect the health, safety, and welfare of the citizens of the city.

B. The city is authorized, by virtue of the State Constitution and Section 51031 of the Government Code, to regulate massage establishments by imposing reasonable standards relative to the skill and experience of massage operators and massage practitioners and reasonable conditions on the operation of the massage establishment, including, but not limited to, age of massage personnel, education, experience and training of massage personnel, sanitary conditions at massage establishments, hours of operation, and prohibitions in the sale of food or beverages within the establishment.

C. There is significant risk of injury to massage clients by improperly trained massage practitioners and this chapter provides reasonable safeguards against injury and economic loss.

D. There is opportunity for acts of prostitution and other unlawful sexual activity to occur in massage establishments. The establishment of reasonable standards for issuance of permits and restrictions on operations would serve to reduce the risk of illegal activity.

E. The restrictions and requirements contained in this chapter reduce the burdens on the police department and permit the deployment of police personnel so that other crimes may be prevented and other laws enforced.

F. Past and current abuses by irreputable massage establishments have undermined and tarnished reputable massage establishments. Massage therapy practiced by reputable and educated massage practitioners is recognized as therapeutically beneficial.

G. The goals of this chapter are to implement safeguards against injury and economic loss, to recognize legitimate massage therapy as a profession of the healing arts, and to prevent illegal activity by irreputable massage establishments. The regulations and restrictions contained in this chapter tend to discourage massage establishments from degenerating into houses of prostitution and the means utilized in this chapter bear a reasonable and rational relationship to the goals sought to be achieved.

(Ord. 365 §1, (part), 2001)

As used in this chapter, the following words and phrases have the meanings respectively ascribed to them by this section:

"Applicant" means any person who applies for a permit as required by this chapter.

"Approved professional organization/association" means an approved professional organization is a tax exempt membership organization that meets the requirements set forth in Section 5.24.070(A).

"Bona fide nonprofit club" means any fraternal charitable, religious, benevolent, or any other nonprofit organization having a regular membership association primarily for mutual social, mental, political, and civic welfare, to which admission is limited to the members and guests and revenue accruing therefrom to be used exclusively for the benevolent purposes of said organization and which organization or agency is exempt from taxation, under the Internal Revenue Laws of the United States as a bona fide fraternal, charitable, religious, or benevolent or nonprofit organization.

Chief of Police or designee. Any reference in this document to the "Chief of Police" will refer to the person who is responsible for receiving applications and the required fees, and conducts the investigation necessary in the processing of applications for permits required by this chapter. The officer shall have the right to verify the authenticity of any information supplied pursuant to the requirements of this chapter.

"Employee" means any and all persons, other than the massage practitioners who render any service to the permittee, who receive compensation directly or indirectly from the permittee, and who have no physical contact with the clients.

"Health department" means the health care agency of the county, the services of which are performed pursuant to contract with the city.

"Managing employee" means any employee of a massage establishment who has been designated by the holder of the massage establishment permit to manage the business in his or her absence. The managing employee may perform massages at the business only if he/she obtains and maintains in effect a massage practitioner permit.

"'Massage" means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the body with the hands or with the aid of any mechanical electrical apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice.

"Massage establishment" means any establishment having a fixed place or business where any person engages in or carries on or permits to be engaged in or carried on any of the activities mentioned in the definition of massage in this chapter. Such establishment shall have health enhancement as part of its purpose.

"Massage practitioner" means any person, who, for any consideration whatsoever, engages in the practice of massage.

"Massage trainee" means a nonmedical health care practitioner meeting the requirements of this chapter who uses a massage specialty and therapeutic approach in treating patrons and who is directly supervised by a massage practitioner.

"Off-premises massage service" means any business, not licensed as a massage establishment under the provisions of this chapter, wherein a function of such business is to engage or carry on massage, not at a fixed location but at a location designated by the permittee, massage practitioner, customer, or client. Such business shall have health enhancement as part of its purpose.

"Owner/operator" means all persons who have an ownership interest in the massage establishment.

"Permit" means any permit required and issued pursuant to the provisions of this chapter.

"Permittee" means any person possessing a permit required and issued pursuant to the provisions of this chapter.

"Person" means any individual, co-partnership, firm, association, joint stock company, corporation, or combination of individuals of whatever form or character.

"Qualified massage association" means an organization or association that meets each of the following requirements:

1. Requires that its members meet minimum educational requirements. The educational requirements must include at least five hundred classroom hours in a progressive curriculum, or its equivalent, as determined by written and practical examination, in anatomy, physiology, hygiene, sanitation, massage theory and practice, and ethics of massage;

2. Offers and requires participation in continuing education programs;

3. Has an established code of ethics and has enforcement procedures for the suspension and revocation of membership of persons violating the code of ethics.

4. Is open to members of the general public meeting the requirements for membership on either a regional, statewide, or national basis and is devoted to serving the interest of its members, the public, and the profession;

5. Requires participation and completion by members of a minimum number of hours of specified continuing education as a condition of continued membership.

"Recognized school" means any school or institution of learning approved by the state of California Department of Education, as a vocational institution wherein the method, profession, and work of massage is taught. Such school or institution shall require a resident course of not less than five hundred hours, which shall include but not be limited to anatomy, physiology and hygiene, massage theory and history, ethics of massage, and business practices. A school offering correspondence courses not requiring actual attendance of class shall not be deemed a recognized school.

(Ord. 365 §1, (part), 2001)

It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city the application of massage, the operation of a massage establishment or an off-premises massage service without first having obtained the appropriate permit from the chief of police. Each person employed, or acting as a massage therapist shall have a valid permit and/or badge issued by the chief of police, which shall be on the massage therapist's person during working hours. It is unlawful for any owner, operator, manager, and/or responsible, managing officer/employee to employ or permit a person to act as a massage therapist who is not in possession of a valid, unrevoked massage therapist permit.

(Ord. 365 §1, (part), 2001)

The application for a permit to operate a massage establishment or off-premises massage service shall set forth the exact nature of the massage to be administered, the proposed place of business and facilities therefore, and the name and address of each applicant. Off-premises massage services may be provided only by licensed massage practitioners. In addition to the foregoing, any applicant applying for a permit shall furnish the following information:

A. The two previous addresses immediately prior to the present address of the applicant;

B. Written proof that the applicant is at least eighteen years of age;

C. Applicant's height, weight, color of eyes and hair;

D. Two portrait photographs at least two inches by two inches;

E. Business, occupation, or employment history of the applicant for the five years immediately preceding the date of the application;

F. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence addresses of each of its officers, directors, and each stockholder holding more than five percent of the stock of the corporation, along with the amount of stock held. 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 one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply;

G. The names and residence addresses of all persons currently employed by the massage establishment regardless of the nature of the employment along with the nature of the work performed, and recent passport-sized photographs of each such employee. All applicants or permittees shall notify the chief of police in writing of the names, addresses and the nature of the work, of any new employees, within five days of such employment, and supply the photographs described in this subsection. Such new employees shall allow fingerprints to be taken, for the purpose of identification, upon request. As used in this subsection, "employee" includes every owner, partner, manager, supervisor and worker, whether paid or not, who renders personal services of any nature in the operation of a massage establishment;

H. All criminal convictions except minor traffic violations, and all pending criminal matters;

I. Such other identification and information necessary to verify the truth of the matters hereinbefore specified;

J. A written statement that neither the applicant nor any of the owners or partners of the business have knowingly made any false, misleading, or fraudulent statement of facts in the application for the permit or in any other document required by the city in conjunction therewith.

(Ord. 365 §1, (part), 2001)

The application for a massage practitioner permit shall contain the information required by Section 5.24.040(A) through (E) and (H) through (J) and the name and address of the recognized or public school attended and, if applicable, the college or junior or community college attended, the date attended and a copy of the diploma or certificate of graduation awarded the applicant showing the applicant has completed not less than five hundred hours of instruction. The application shall also include certification by the National Certification Board for Therapeutic Massage and Bodywork.

(Ord. 365 §1, (part), 2001)

Application for a managing employee permit shall contain but not be limited to the information required by Section 5.24.040(A) through (E) and (H) through (J).

(Ord. 365 §1, (part), 2001)

All applicants for a massage practitioner permit must meet the following educational requirements to qualify for a permit:

Massage practitioner. Be a member of a regional, state or national professional association devoted to the massage/bodywork specialty and health enhancement approach. The chief of police must determine that such organizations meet the following requirements.

A. The organization is a tax-exempt professional association recognized by the Internal Revenue Service under Section 501 of the IRS Code;

B. Has established as a minimum education requirement for membership a certificate of completion of five hundred hours from a state approved school of massage which is devoted to a massage specialty with a state approved curriculum, or, has a written and practical testing of equivalency administered and overseen by its admission committee or by the National Commission for Certifying Agencies, which will be considered in lieu of the minimum education requirement of five hundred hours;

C. The organization requires participation in continuing education programs as a condition of continuing membership;

D. The organization has an established code of ethics and has enforcement procedures for the suspension and revocation of membership of persons violating the code of ethics;

E. The organization is open to members of the general public meeting the requirements for membership on a regional, statewide, or national basis, and is devoted to serving the interests of its members, the public and the profession.

(Ord. 365 §1, (part), 2001)

The chief of police, upon receiving an application for a massage establishment permit, shall refer the application to the building official, the appropriate fire protection district, the department of health services and the planning department, which departments shall inspect the premises proposed to be operated as a massage establishment and make written recommendations to the chief of police concerning compliance with the provisions of this chapter and all other laws which they administer.

(Ord. 365 §1, (part), 2001)

The chief of police shall issue a nontransferable permit based upon the investigation, within sixty days after the application has been filed. The sixty day period may be extended for up to thirty additional days if necessary to complete the investigation. The chief of police shall issue such permit as required if:

A. That the operation as proposed by the applicant, would comply with all applicable laws, including, but not limited to, the building, zoning, fire, and health laws of the city;

B. That neither the applicant nor any of the owners, operators or employees of the business have been convicted of any of the following:

1. Any of the crimes specified in Section 51032 of the Government Code of the state, as follows:

a. Sections 266(h), 266(I), 314, 315, 316, 318 subsections (a), (b), and (g), 647, and 650.5 of the California Penal Code;

b. Any felony offense involving the sale of a controlled substance specified in Section 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code;

c. Any conviction in another jurisdiction of any offense which, if committed or attempted in this state, would have been punishable as one or more of the above mentioned offenses;

2. An offense involving the use of force and violence upon the person of another which constitutes a felony.

a. The applicant is not required to register under the provisions of Section 290 of the California Penal Code,

b. The applicant has not had any massage establishment or practitioner permit issued within the state or any other state, revoked or suspended for cause,

c. The applicant, including a corporation or partnership has never been subjected to an abatement proceeding under Sections 11225 through 11235 of the California Penal Code or any similar provisions of law in a jurisdiction outside the state;

d. That neither the applicant nor any of the owners or partners of the business have knowingly made any false, misleading, or fraudulent statement of material fact in the application for the permit or in any other document required by the city in conjunction therewith.

The chief of police may issue a permit to any applicant convicted of the crimes described in subsection B of this section if he finds that such conviction occurred at least ten years prior to the date of the application and there have been no further arrests for violation of the offenses mentioned in subsection B, and no further felony convictions of any kind.

A massage establishment permit or off-premises massage service may be issued conditionally in order to insure compliance with the provisions of this chapter.

All massage establishments required to be licensed under this chapter shall have a manager on the premises at all times the massage establishment is open. The operator of each massage establishment shall file a statement with the chief of police designating the person or persons with power to act as a manager. The operator, or the manager in the operator's absence, shall be responsible for ensuring compliance with this chapter.

(Ord. 365 §1, (part), 2001)

A. Upon receipt of a written application for a permit, the chief of police shall conduct an investigation to ascertain whether such permit should be issued as requested. The chief of police shall approve, conditionally approve or deny the application within sixty days of the filing of an application. This sixty-day period may be continued for an additional thirty days if necessitated by the occurrence of events beyond the control of the chief of police to complete the investigation. The chief of police shall issue such permit as requested, unless any of the findings set forth in Section 5.24.090 are made. For massage practitioner applicants applying for a permit to practice massage at a massage establishment with a current operator's permit, the chief of police shall conditionally approve the application if the investigation is not completed within sixty days until such time as the chief of police determines to approve or deny the application.

If the application is denied for failure to comply with this chapter, the applicant may not reapply for a period of twelve months from the date the application was denied.

B. All massage practitioners shall comply with the applicable conditions set forth in this chapter on issuance of the massage permit.

(Ord. 365 §1, (part), 2001)

The provisions of this chapter shall not apply to:

A. Physicians, surgeons, chiropractors, osteopaths, nurses, physical therapists, or other health professionals who are duly licensed to practice their respective professions under the laws of the state;

B. Massage practitioners who are performing massage in the offices of or under the supervision of a licensed medical professional;

C. Barbers or cosmetologists who are duly licensed under the laws of the state while performing massage within the scope of their licenses.

(Ord. 365 §1, (part), 2001)

When massage is conducted as a function that is clearly incidental to the operation of a personal fitness training center, gymnasium, athletic facility, health club or beauty parlor, the business will not be required to comply with the massage establishment requirements of this chapter provided the giving of massage for compensation is not a principal function of such business. All massage practitioners operating in such businesses shall be licensed in accordance with the requirements of this chapter. In determining whether massage constitutes a principal or incidental function of the previously mentioned businesses, the chief of police shall consider the percent of income derived from massages, the amount of floor space devoted to and the number of employees assigned to massage services, as well as the manner in which the business advertises and holds itself out to the public. The decision of the chief of police regarding whether a particular business is entitled to exemption may be appealed to the city through the procedures set forth in Section 5.24.340.

(Ord. 365 §1, (part), 2001)

Exemptions do not apply to any off-premises service.

(Ord. 365 §1, (part), 2001)

All massage establishments shall comply with the following facilities and operation requirements:

A. Massage establishments shall comply with all applicable code requirements.

B. Lighting. White light equivalent to at least twenty-five foot candles of lighting shall be provided in each room where a massage is being administered and shall remain on while massages are performed.

C. Walls and Floors. Toilets, shower, and bathtub rooms shall be provided with a waterproof floor covering, which shall be coved up to a height of five inches with a three-eighths inch minimum radius coving. The walls of all shower and bathtub rooms shall be finished to a height of six feet with a smooth, nonabsorbent finished surface of Keene cement, tile, fiberglass reinforced panel (FRP), or similar material. Floors of wet and dry heat rooms shall be adequately pitched to one or more floor drains properly connected to the sanitary sewer (exception: dry heat rooms with wooden floors need not be provided with pitched floors and floor drains). A source of hot water must be available within the immediate vicinity of dry and wet heat rooms to facilitate cleaning.

The walls, ceilings, floors, pools, showers, bathtubs, steam rooms, toilets, and all other physical facilities including appliances and apparatuses for the establishment must be in good repair and maintained in a clean and sanitary condition. Ceilings of all rooms shall be smooth and cleanable. Wet and dry heat rooms, steam and vapor rooms, or steam or vapor cabinets, shower compartments and toilet rooms shall be thoroughly cleaned and disinfected on a daily basis each day the business is in operation. Bathtubs shall be thoroughly cleaned and disinfected after each use.

D. Equipment. All equipment used in the massage operation shall be maintained in a clean and sanitary condition.

E. Rest Rooms. Adequate rest room facilities, either separate or unisex, with appropriate door signs shall be available for use by customers. All lavatories or wash basins shall be provided with hot and cold running water, soap and single service towels in wall mounted dispensers.

F. Ventilation. All portions of the massage establishment's toilets and baths shall be provided with adequate ventilation by means of windows or skylights with an area of not less than one-eighth of the total floor area or a mechanical operating ventilating system. When windows or skylights are used for ventilating, at least one-half of the total required window area shall be operable.

G. Linens. All massage establishments shall be provided with clean and sanitary towels, sheets and linens in sufficient quantity and freshly laundered. Towels, sheets and linen shall not be used for more than one person. The reuse of such linen shall be prohibited unless such linen has first been laundered. Heavy white paper may be substituted for sheets provided such paper is used only once for every person and then discarded. Cabinets or other covered space shall be provided for the storage of clean linen. Receptacles shall be provided for the storage of all soiled linen and paper towels.

H. Pads used on massage tables shall be covered with durable, washable plastic or other acceptable waterproof material.

I. Dressing Rooms. A separate dressing room for each sex must be available on the premises. Doors to such dressing rooms shall open into the dressing room and be self-closing.

J. No service enumerated in the definition of massage in Section 5.24.020 of this chapter may be carried on in any cubicle, room, booth or any area within a massage establishment which is fitted with a door capable of being locked. Secondary security doors at the entrance to the business shall remain unlocked during business hours. Bathroom doors shall be capable of being locked.

K. Each service offered, the price thereof and the minimum length of time such service shall be performed shall be posted in a conspicuous public location in each massage establishment and they shall be described in readily understandable language. No services shall be performed and no sums shall be charged for any services other than those posted. Such services shall be legitimate, recognized massage/bodywork functions that comply with the provisions of this chapter. No massage practitioner shall perform, offer to perform, solicit or in any other way make available any service that is not a legitimate, recognized massage/bodywork function.

L. No employee or massage practitioner shall be on the premises, nor shall he/she perform massage, while nude, semi-nude, or dressed in lingerie, see-through or transparent attire. All massage practitioners during the performance of any massage service shall be clothed from neck to knees in non-transparent clothing material.

M. All advertisements for the business shall reflect the professional nonsexual nature of the business. No massage establishment or off-premises massage service granted a permit under the provisions of this chapter shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective patrons that any service is available other than those services as described in subsection K of this section, nor shall any massage establishment or off-premises massage service indicate in the text of such advertising that any service is available other than those services described in subsection K of this section.

N. No massage establishment or any portion of a building in which the massage establishment is located shall be used for residential or sleeping purposes.

O. No alcoholic beverages shall be sold, served, furnished, kept, or no person shall enter, be, or remain in any part of a massage establishment while in possession of, consuming, or using any alcoholic beverage or drugs except pursuant to a prescription for such drugs. The owner, operator, or responsible managing employee shall not permit any such person to enter or remain upon such premises.

P. Security deposit facilities capable of being locked by the patron or a security bag that can be carried by the patron shall be available for the protection of the valuables of the patrons.

Q. Only a single mirror, not larger than three feet wide and five feet tall, can be installed in a room. No other mirrors are allowed.

R. There shall be a sign at the main entrance to all massage establishments identifying the business. Such sign shall comply with all applicable zoning codes and reasonably conform to the standards of other businesses in that area. Such sign shall not have interior lighting.

(Ord. 365 §1, (part), 2001)

Every massage establishment and off-premises massage service permittee shall keep a client register, approved as to form by the chief of police, of all patrons, with names, addresses, dates and times of all massages, the name of the practitioner administering the service, the type of service, the room or cubicle where such service was performed and the fee paid for such service. Said client register shall at all times during business hours be subject to inspection by the chief of police or any law enforcement officer upon request. This record shall be considered confidential and shall be kept on file for one year.

(Ord. 365 §1, (part), 2001)

The operator of a massage establishment or an off-premises massage service shall maintain a register of all persons employed as massage practitioners and their permit numbers. Said register shall be available for inspection at all times during regular business hours.

(Ord. 365 §1, (part), 2001)

No massage establishment or off-premises massage service granted a permit pursuant to the provisions of this chapter shall operate between the hours of ten p.m. and eight a.m.

(Ord. 365 §1, (part), 2001)

No person granted a permit pursuant to the provisions of this chapter shall operate under any name not his or her own legal name or conduct his or her business at any location not specified in the permit.

(Ord. 365 §1, (part), 2001)

Every person practicing massage pursuant to the provisions of this chapter shall conspicuously display a badge which shall contain his or her full name as it is specified in his or her permit while rendering such massage services.

(Ord. 365 §1, (part), 2001)

All massage services shall be paid for in advance in the reception area, and all tips, if any, shall be paid for in the reception area.

(Ord. 365 §1, (part), 2001)

A. Touching of Sexual and Genital Parts During Massage. No holder of a massage establishment permit, massage practitioner, off-premises massage permit or managing employee permit, any other employee of a massage establishment or client shall place either his/her hands upon, or touch with any part of his/her body, a sexual or genital part of any other person in the course of a massage, or massage a sexual or genital part of any other person. Sexual or genital parts shall include the genitals, pubic area, anus or perineum of any person or the vulva or breast of a female.

B. Uncovering and Exposure of Sexual and Genital Parts of Clients Before, During or After Massage. No holder of a massage establishment permit, massage practitioner, managing employee or any other employee of a massage establishment shall uncover and expose the sexual or genital parts, as defined in subsection A of this section, of a client or themselves in the course of performing a massage or other health treatment before or after a massage. This subsection does not prohibit a client from turning over in the course of a massage, so long as the massage practitioner holds a drape over the client to protect his/her privacy.

(Ord. 365 §1, (part), 2001)

Every person practicing massage pursuant to the provisions of this chapter shall display his or her permit in a conspicuous place within the massage establishment so that the permit may be readily seen by persons entering the premises. Persons engaged in an off-premises massage service must have their permit available for inspection at all times while providing off-premises services.

(Ord. 365 §1, (part), 2001)

Every massage establishment operator shall report immediately to the police department any and all changes of ownership or management of the massage establishment, including, but not limited to, changes of manager or other person principally in charge, stockholders holding more than five percent of the stock of the corporation, officers, directors, and partners in any and all changes of name, style or designation under which the business is to be conducted, and all changes of address or telephone numbers of the massage business.

(Ord. 365 §1, (part), 2001)

Every application for a permit hereunder shall be accompanied by an investigation fee in an amount specified by resolution of the city, no part of which shall be refunded if the application is denied.

(Ord. 365 §1, (part), 2001)

Every holder of a permit required by this chapter shall annually make application for renewal of his or her permit to the office of the police chief. The annual renewal application shall require an update on any and all information set forth on the application for the massage practitioner permit filed by the applicant and be accompanied by the annual renewal fee. The application shall be accepted only upon payment of the renewal fee. If the permittee fails to deliver, fails to provide the updated information, or fails to pay the renewal fee within thirty days following the annual anniversary date of the massage practitioner permit, then the underlying permit shall be null and void and shall be revoked by operation of the terms of this section. If the permittee, after compliance with the requirements of this section, has not received an interpretive response within sixty days following the annual anniversary date of the permit, such permit shall be considered renewed.

(Ord. 365 §1, (part), 2001)

The chief of police shall from time to time and at least once a year, make an inspection of each massage establishment in the incorporated territory of the city for the purpose of determining that the provisions of this chapter are complied with. If, during an inspection, a violation of this chapter is observed, the chief of police shall either advise the permittee or employee in charge if the violation is such that it can be corrected at that time or serve the permittee or employee in charge written notice of the violation. When written notice is given the permittee shall correct the violation within thirty days, unless the violation poses a physical threat to the employees or customers. The chief of police shall have discretion over the necessary time required to fix the problem.

(Ord. 365 §1, (part), 2001)

The chief of police shall have the right to establish additional operating requirements as needed to insure compliance with this chapter and the laws of the state. No person shall engage in, conduct, carry on, or permit to be engaged in, conducted, or carried on, any massage establishment activity or conduct unless each and all of the following requirements are met:

A. The possession of a valid massage establishment permit does not authorize the permit holder or any other person to perform work for which a massage therapist permit is required.

B. Upon request of the chief of police, the applicant may be required to furnish fingerprints for the purposes of establishing identification. The fingerprints will be taken at a place designated by the chief of police. Any required fingerprinting fee shall be the responsibility of the applicant.

C. Provide a description of any other business to be operated on the same premises, or on adjoining premises, owned or controlled by the applicant.

D. Provide the name and address of the owner and lessor of the real property upon or in which the business is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized acknowledgment from the owner of the property that a massage establishment will be located on his/her property.

E. Provide written authorization for the city, its agents and employees, to seek information and to conduct an investigation into the truth of the statements set forth in the application and into the background of the applicant and the responsible, managing officer/employee.

F. Provide proof of massage malpractice insurance in the sum of not less than one hundred thousand dollars per massage therapist licensed, or to be licensed, at the massage establishment, up to a maximum of five hundred thousand dollars; this requirement can be satisfied by malpractice insurance being provided in the name of individual massage therapists.

(Ord. 365 §1, (part), 2001)

It is unlawful for a massage establishment to employ as a massage practitioner a person who does not have a valid permit issued pursuant to the provisions of this chapter.

(Ord. 365 §1, (part), 2001)

The provisions of this chapter shall be applicable to persons now engaged in the business regulated in this chapter. Existing businesses of the kind referred to in this chapter shall conform with all provisions contained herein within ninety (90) days of the effective date of this chapter. All practitioners licensed before the effective date of this chapter shall meet all requirements within one year.

(Ord. 365 §1, (part), 2001)

All applicants for permits required by this chapter shall apply for and pay a business license tax to the city cashier's office in accordance with Title 5 of this code.

(Ord. 365 §1, (part), 2001)

Any violation of any of the provisions of this chapter is a misdemeanor and is punishable by a fine not to exceed five hundred dollars or by imprisonment in the county jail for a period not to exceed six months, or both. In addition to the foregoing, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a public nuisance and may, by this city, be abated as such. In addition to all other remedies whether criminal, civil, at law or in equity, may be abated by the city in the manner provided by the applicable provisions of this chapter or in any other manner provided by law.

(Ord. 365 §1, (part), 2001)

A. The chief of police may revoke a permit for any false, misleading or fraudulent statement of a material fact in the application for the permit.

B. The chief of police may refuse to renew a permit or may revoke or suspend an existing permit on the grounds that the applicant or permit holder has failed to comply with the permit conditions or requirements of this chapter. If a suspended permit lapses during the suspension period, a new application must be made at the end of the suspension period. In any such case, the applicant or permit holder shall have the right to appeal to the city manager in the time and manner set forth in this Section.

C. The chief of police may revoke, suspend, or refuse to renew any permit issued under this chapter if he or she makes any of the findings for denial of a permit required by this chapter or upon any subsequent violation of any provision within one year following prior suspension or upon demonstrated inability to operate or manage the massage establishment in a law abiding manner, thus necessitating repetitive action by law enforcement officers.

D. The chief of police may suspend any permit for a period of thirty days or more for each violation of this chapter.

(Ord. 365 §1, (part), 2001)

If the chief of police determines that a permit should be revoked, he shall serve on the permittee a notice of intent with the reasons therefor. The notice shall provide for revocation of the permit seven days after service of the notice upon the permittee, unless the permittee requests a hearing before the chief of police or designee prior to revocation. The notice may contain a statement that the permit is immediately suspended and such suspension shall remain in effect during the pendency of the revocation and appeal procedures. The chief of police shall give the permittee at least five days prior written notice of the time and place of the hearing which shall be held within fourteen days of the receipt by the chief of police of the request therefor, and shall issue a written decision within seven days after the conclusion of the hearing. The permittee and the city may modify the procedural requirements of this section by written mutual agreement.

(Ord. 365 §1, (part), 2001)

The applicant or permittee may appeal any action of the chief of police in granting or denying an application for a permit, or revoking a permit. The appeal shall be made in writing, specifying the grounds therefor, and filed with the city clerk of the city within fifteen days after mailing of notice of the decision of the chief of police. The appeal shall be to the city manager of the city or his designee who may hear additional evidence and may sustain, reverse, or modify the decision of the chief of police. The city manager's decision shall be based upon those factors set forth in Section 5.24.320. The city manager may designate any person other than the chief of police or the chief's subordinates to hear and decide the appeal. The decision of the city manager or his designee shall be final.

(Ord. 365 §1, (part), 2001)

If the chief of police or the city manager (or his designee) when deciding an appeal find that strict compliance with the provisions of this chapter will result in an arbitrary or unreasonable taking of property or in the practical elimination of any lawful business, occupation or activity, in either case, it may prescribe other and different requirements consistent with protection of the public health, safety and welfare. In determining under what conditions and to what extent a variance from the requirements of this chapter is necessary and will be permitted, the city shall exercise a wide discretion in weighing the equities involved and the advantages and disadvantages of the residents of the city and to lawful business, occupation or activity involved, resulting from requiring compliance with said requirements or resulting from the granting of a variance.

(Ord. 365 §1, (part), 2001)