section 1-5. — Novato Municipal Code

Each violation of this section and each day of violation of this section shall be considered a separate and distinct violation thereof and the imposition of a penalty shall be as set forth in paragraph (a) of this subsection for each and every separate violation and each and every day of violation.

(Ord. No. 1606, § 2(Exh. A), 10-11-2016)

8-4.18 Public Nuisance and Abatement. Any massage establishment that is operated, conducted or maintained contrary to the provisions of this section is unlawful and declared to be a public nuisance. The city attorney is authorized, in addition to or in lieu of any other legal or criminal proceedings, to commence an action or proceeding for the abatement, removal or enjoinment thereof in the manner provided by law. The city attorney may seek a court order to grant such relief to abate or to remove such massage establishments and to restrain and enjoin any person from operating, conducting or maintaining such an establishment contrary to the provisions of this section.

(Ord. No. 1606, § 2(Exh. A), 10-11-2016)

8-4.19 Applicability to Existing Massage Technician Permits.

All persons lawfully holding a valid massage technician permit under the previous requirements of section 8-4 on the effective date hereof shall have until (effective date plus three years) to comply with the requirements of paragraph d. of subsection 8-4.3. Until such time, the massage technician permit shall remain valid so long as the permittee complies with the conditions of the permit imposed at the time of its issuance; the former provisions of section 8-4 applicable thereto as listed in subsections a.1. and a.2. below; all other applicable requirements of this section; and pays an annual fee to renew the permit in an amount to be established by city council resolution. In the event the massage technician fails to comply with any of these requirements, the permittee shall be in violation of this section and their massage technician permit shall become immediately null and void.

A permittee whose four-year health certificate expires within the three-year grandfather period shall be required to be retested for tuberculosis and shall resubmit a health certificate verifying negative results of a tuberculin skin test at the time of their next renewal;

The chief of police may suspend, revoke, or deny renewal of the grandfathered permit if it is found that the permittee has:

(a)

Been convicted in a court of competent jurisdiction within five years of the date of application of any violation of Sections 266, 266a, 266e, 266h, 266i, 266j, 267, 309, 311.2, 311.3, 311.4, 315 or 318 of the California Penal Code or conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside the State of California which is the equivalent of any of the aforesaid offenses; or

(b)

Been convicted in a court of competent jurisdiction within five years of the date of application of any offense involving the sale of a controlled substance specified in Sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code, or any offense in a jurisdiction outside the State of California which is the equivalent of the aforesaid offenses; or

(c)

Committed an offense which requires him or her to register under the provisions of Section 290 of the California Penal Code; or

(d)

Been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Sections 11225 through 11235 of the California Penal Code or any similar provision of law in a jurisdiction outside the State of California within five years of the date of application.

On or after November 10, 2020, the requirements of paragraph d. of subsection 8-4.3 shall apply and this subsection 8-4.19 shall be of no further effect except that the city manager may extend the effectiveness of this subsection for a one-year period on an individual basis upon a showing of good cause.

(Ord. No. 1606, § 2(Exh. A), 10-11-2016)

Editor's note— Ord. No. 1606, § 2, adopted Oct. 11, 2016, repealed § 8-4 in its entirety and enacted a new § 8-4 to read as set out herein. Former § 8-4 pertained to similar subject matter and derived from Ord. No. 740, §§ 1—7, 10—21; Ord. No. 1056, § XI; Ord. No. 1074, §§ 1—20; Ord. No. 1085, §§ 1—4, 35; Ord. No. 1502, §§ 1, 2; Ord. No. 1544, §§ 1—6, adopted Oct. 27, 2009.

8-5 - Fortune Telling, Palmistry and Occult Arts.

8-5.1 License Required. It shall be unlawful for any person to engage in, conduct or carry on, in the city, for fees or salary or other compensation, the business, art, or practice of astrology, palmistry, phrenology, life reading, fortune telling, cartomancy, clairvoyance, clairaudience, crystal gazing, hypnotism, mediumship, prophecy, augury, divination, magic, necromancy, or graphology, without first having obtained the required license, as set forth below.

(Ord. No. 659, § 1)

8-5.2 Exemption. Such licensing requirement shall not include, prohibit, or interfere with the exercise of any religious or spiritual function of any priest, minister, rector, or accredited representative of any bona fide church or religion where the priest, minister, rector, or accredited representative holds a certificate of credit, commission, or ordination under the ecclesiastical laws of a religious corporation incorporated under the laws of any State or territory of the United States of America or prescribed by the supreme conference, convocation, convention, assembly, association or synod of the system or faith with which he is affiliated.

Any church or religious organization which is organized for the purpose of conferring certificates of credit, commission or ordination for a price, and not for the purpose of teaching or practicing a religious doctrine or belief is not a bona fide church or religious organization.

(Ord. No. 659, § 2)

8-5.3 Application for a License. Every person required to be so licensed shall submit a completed application to the chief of police of the city. The application shall include:

The true name and address of the applicant and all persons financially interested in the business. With corporations, it shall include all officers and directors and persons owning five percent or more of any class stock issued by the corporation;

The exact nature of the business to be conducted and the proposed place of the business and facilities therefor;

Applicant's previous addresses for prior five years;

The past business history and/or experience of the applicant in previously operating in any other city or State, and whether any previously issued license was suspended or revoked. The applicant shall also list cities and counties where he/she has been previously issued or denied a license to engage in the named practices;

A list containing the nature, date and place of all criminal convictions, excluding minor traffic violations within the last five years of the applicant, including violation of any municipal ordinance involving moral turpitude or the elements of fraud, all persons financially interested in the business including, in the case of the corporation, all officers and directors and persons owning five percent or more of any class stock issued by the corporation;

The fingerprints and photograph of the applicant and all persons financially interested in the business;

Any other information reasonably necessary to complete the required investigation.

(Ord. No. 659, § 3; Ord. No. 1176, § 1)

8-5.4 Application Fee. Every applicant shall pay in advance an application fee as set forth in City of Novato business license Ordinance No. 654 as codified in the Revised General Ordinances of the City of Novato as section 8-1. The fee is nonrefundable and is to be retained by the city to defray costs of conducting the investigation of the applicant.

(Ord. No. 659, § 4)

8-5.5 Investigation. Upon receipt of a completed application, the chief of police shall cause an investigation to be made into the character and background of the applicant and any persons financially interested in the business.

(Ord. No. 659, § 5)

8-5.6 Issuance or Denial of License. The chief of police shall issue such license unless:

The applicant or any person financially interested in the business has been convicted of any offense involving the use of force or violence upon the person of another, or any offense involving theft by fraud, deceit, false pretenses or trick and device within five years of the date of application;

The applicant made with the intent to deceive any false, misleading or fraudulent statement in the applicant or any other document required by the city; or

The investigation discloses that the applicant or any person financially interested in the business is not of good moral character or background.

Notification of any reasons for denial shall be immediately given in writing to the applicant by registered or certified mail or hand delivery.

As soon as the investigation is completed, the chief of police shall notify the city manager whether a license is issued or denied.

All licenses are valid for the fiscal year or any remaining portion thereof.

(Ord. No. 659, § 6; Ord. No. 1176, § 2)

8-5.7 Appeal. If the chief of police denies a license, the applicant may appeal the decision to the city council. Notice of such appeal by the applicant shall be filed within ten days after notice of denial is given. If no appeal is taken within the ten days, the action of the chief of police will be final.

The city council, after hearing the appeal, may for cause overrule the decision of the chief of police and order a license to be issued.

(Ord. No. 659, § 7)

8-5.8 Operating Regulations. Every licensee hereunder shall:

Daily Register. Keep a daily register, the form of which is to be approved by the chief of police, of all patrons, names and addresses. This daily register shall at all time during business hours be subject to inspection by the police department, and shall be kept on file for one year.

Notification of Change of Address. Report to the chief of police within five days any change in address of the applicant or licensee, partnerships, associations, or persons having a financial interest in the business, or transfer of interest in said business by such person, corporation, partnership or association.

Notice of Termination of Business and Surrender of License. At the termination of such business, notify the chief of police in writing within five days of such termination.

A licensee terminating business shall surrender his license to the chief of police. The license shall be held by the chief of police until expiration, or until the licensee re-establishes business in the city, whichever occurs first.

It shall be a violation of this section to fail to surrender a license as required.

Inspection. During business hours allow ready accessibility for inspection of the premises by law enforcement officers of the city, or other employees of the City of Novato, County of Marin, or State of California, who are charged with the enforcement of Health and Safety or Penal laws.

Annual Fee. Pay an annual license fee as established in city business license ordinance No. 654, as codified in