§ 19-126. Massage business registration. [Ord. No. 1151; amended 11-6-2023 by Ord. No.…

• (a) Application. The registration application for a City registration certificate shall include all of the following:

  • (1) Legal name of the massage business.

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City of Oakdale, CA § 19-126

OAKDALE CITY CODE

§ 19-126

• (2) Address and all telephone numbers of the massage business.

• (3) Legal names of all owners of the massage business.

• (4) A list of all of the massage business's employees and independent contractors who are performing massage and their CAMTC certification. This includes updating the list of all CAMTC massage practitioners when new personnel are hired.

• (5) Business address and telephone number of all owners of the massage business.

• (6) The form of business under which the massage business will be operating (i.e., corporation, general or limited partnership, limited liability company, or other form).

• (7) Each owner-operator of the massage business who is not a CAMTC-certified massage practitioner shall submit an application for a background check, including the following: the individual's business, occupation, and employment history for the five years preceding the date of the application; the inclusive dates of such employment history; the name and address of any massage business or similar business owned or operated by the individual whether inside or outside the County of Stanislaus and its incorporated cities.

  • a. For each owner that is not CAMTC-certified, they must provide a complete set of fingerprints taken by the Police Department.

• (8) For all owners, a valid and current driver's license and/or identification issued by a state or federal governmental agency or other photographic identification bearing a bona fide seal by a foreign government.

• (9) For all owners, a signed statement that all of the information contained in the application is true and correct; that all owners shall be responsible for the conduct of the business's employees or independent contractors providing massage services; and acknowledging that failure to comply with the California Business and Professions Code Section 4600 et seq., and local, state, or federal law, or the provisions of this chapter may result in revocation of the business's City registration certificate.

• (b) Issuance. Upon provision by the massage business of the foregoing documentation, the Chief of Police shall issue the massage business a City registration certificate, which shall be valid for two years from the date of issuance. No reapplication will be accepted within one year after an application or renewal is denied, or a certificate is revoked. City registration certificates shall not be issued to a massage business seeking to operate at a particular location if:

  • (1) Another massage business is or was operating at that particular location, and that massage business is currently serving a suspension or revocation pursuant to Section 19-133, during the pendency of the suspension or one year following revocation.

• (2) Another massage business is or was operating at that particular location and that massage business has received a notice of suspension, revocation, or fine issued pursuant to Sections 19-132 and 19-133, during the ten-day period following receipt of the notice or while any appeal of a suspension, revocation or fine is pending.

  • (3) Another massage business is or was operating at that particular location, and that massage business has outstanding fines issued pursuant to Section 19-132 that have not been paid.

• (c) Amendment. A massage business shall apply to the City to amend its City registration certificate

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City of Oakdale, CA

OFFENSES – MISCELLANEOUS

§ 19-126

§ 19-127

within 30 days after any change in the registration information, the change of the business's address, or changes in the owner's addresses and/or telephone numbers.

• (d) Renewal. A massage business shall apply to the City to renew its City registration certificate at least 30 days prior to the expiration of said City registration certificate. If an application for renewal of a City registration certificate and all required information is not timely received and the certificate expires, no right or privilege to provide massage shall exist.

• (e) Fees. The fees for the registration application or certificate or renewal thereof will be set in the Master Fee Schedule. The provisions of this section shall not prevent the City from establishing fees for safety inspections as may be conducted from time to time by the Chief of Police, and for the background checks, fingerprinting, and subsequent arrest notification for owners of a massage business who are not CAMTC-certified and who are subject to such background checks pursuant to this chapter. There are certain fees for appeals, as described below.

• (f) Transfer. A City registration certificate shall not be transferred except with the prior written approval of the Chief of Police. A written request for such transfer shall contain the same information for the new ownership as is required for applications for registration pursuant to this section. In the event of a denial, notification of the denial and reasons therefor shall be provided in writing and shall be provided to the applicant by personal delivery or by registered or certified mail. A City registration certificate may not be transferred during any period of suspension or one year following revocation pursuant to Section 19-133, during the ten-day period following a massage business's receipt of a notice of suspension, revocation, or fine issued pursuant to Sections 19-132 and 19-133 or while any appeal of a suspension, revocation or fine is pending. Further, a City registration certificate may not be transferred until all outstanding fines issued pursuant to Section 19-132 have been paid.

• (g) Denial of registration. The Chief of Police will have the authority to deny registration of a massage establishment if it is discovered that any of the owners were not truthful during the application process or upon any of the following grounds:

• (1) An owner or sole proprietor fails to register under the provisions of California Penal Code Section 290 (sex offender registration), is convicted of California Penal Code Sections 266i (pandering), 315 (keeping or residing in a house of ill-fame), 316 (keeping disorderly house), 318 (prevailing upon person to visit a place for prostitution),647(b) (engaging in or soliciting prostitution), 653.22 (loitering with intent to commit prostitution), 653.23 (supervision of prostitute); has a business permit or license denied, revoked, restricted, or suspended by any agency, board, city, county, territory, or state; is subject to an injunction for nuisance pursuant to California Penal Code Sections11225 through 11235 (red light abatement); is convicted of a felony offense involving the sale of a controlled substance; is convicted of any crime involving dishonesty, fraud, deceit, violence, or moral turpitude; or is convicted in any other state of an offense which, if committed in this state, would have been punishable as one or more referenced offenses in this subsection.