Article 2 — Applications and Permits

Article 2 of this chapter (sections 5.24.020 through 5.24.130) shall apply only to persons who are not certified by the California State Massage Therapy Organization in accordance with the Massage Therapy Act, Government Code section 4600 et seq. Masseurs who obtain state certification in compliance with Government Code sections 4600 et seq., shall be governed by that law. (Ord. No. 09-07, § 2(Att. A), 10-6-09)

A person may provide massage services for compensation in Orinda between the hours of 5:00 a.m. and 9:00 p.m. with a valid permit under this chapter. Providing massage services without a permit or at other times is prohibited. (Ord. No. 09-07, § 2(Att. A), 10-6-09)

No person shall act as a masseur, nor shall anyone employ a person as a masseur for others, who does not have a valid masseur permit. Every operator shall maintain a register of all persons so employed and their permit numbers, which register shall be available for inspection by the Chief of Police during regular business hours. (Ord. No. 09-07, § 2(Att. A), 10-6-09)

Every person wishing to provide massage services for compensation in Orinda, shall file a verified written application with the Chief of Police, on a form provided by the city, with a nonrefundable application fee of an amount to be determined from time to time by resolution of the City Council.

(Ord. No. 09-07, § 2(Att. A), 10-6-09)

Every application shall include the following information and attachments to the Chief of Police's satisfaction as to truth, authenticity and compliance with this chapter; and the Chief of Police may require additional information necessary to assure compliance with this chapter. (Ord. No. 09-07, § 2(Att. A), 10-6-09)

A. Every application shall include the applicant's personal and business names, addresses and telephone numbers and the two (2) latest previous residence and business addresses. B. The application shall include the individual applicant's sex, birthdate, height, weight, color of hair and eyes, Social Security and driver's license or state identification card numbers, if any, a set of fingerprints taken by the Chief of Police, and two (2) recent portrait photographs. (Ord. No. 09-07, § 2(Att. A), 10-6-09)

A. The application shall state the individual applicant's experience in massage and related work, and his or her business, occupation or employment for the thirty-six (36) months before application. B. If the applicant has ever had a license or permit for a business, trade, occupation, profession or employment suspended, revoked or denied, the application shall state the circumstances and reasons for the suspension, revocation or denial. C. The application shall state the circumstances and final disposition of every arrest, prosecution and conviction of the applicant or its principal officers. (Ord. No. 09-07, § 2(Att. A), 10-6-09)

To qualify for a massage services permit, each applicant must meet the following requirements: A.

Physician's examination within thirty (30) days prior to application showing the masseur to be free of communicable disease; B. Be twenty-one (21) years of age or more; C. Have two (2) years of actual full-time experience providing massage services or a diploma or a certificate of graduation from a school licensed by the State of California where the method, profession and work of massage technicians is taught, including at least two hundred (200) hours of instruction. (Ord. No. 09-07, § 2(Att. A), 10-6-09)

Every applicant and permittee shall report to the Chief of Police, within ten (10) days, any changes in the information required in connection with the application, and any changes of circumstance which might result in noncompliance with this chapter or any applicable law, ordinance or regulation relating to health, safety or welfare. (Ord. No. 09-07, § 2(Att. A), 10-6-09)

Upon receipt of a satisfactorily completed application and required fee, the Chief of Police shall verify the contents of the application. (Ord. No. 09-07, § 2(Att. A), 10-6-09)

A. Within thirty (30) days after an application is filed and the required fees are paid, the Chief of Police shall issue a permit, unless he or she finds any of the following: 1. The applicant or any employee has been convicted of an offense described in Government Code Section 51032; 2. The proposed operation will not fully comply with all the requirements of this chapter and of any applicable law, ordinance or regulation relating to the health, safety and welfare of the public; or 3.

The applicant, knowingly and with the intent to deceive, has made any false, misleading or fraudulent statement or representation, or material omission, in connection with the application process. B. If the Chief of Police finds any of the conditions listed in subsection A. of this section to exist, he or she shall deny issuance of a permit and state the reasons therefor in writing to the applicant. (Ord. No. 09-07, § 2(Att. A), 10-6-09)

Original and renewal permits shall be serially numbered, nontransferable and valid for one (1) year from issuance, unless earlier suspended, revoked or terminated. (Ord. No. 09-07, § 2(Att. A), 10-6-09)

Applications for renewal of permits shall be submitted to the Chief of Police at least thirty (30) days prior to expiration, with a nonrefundable renewal fee in the amount set from time to time by resolution of the City Council but the application shall provide the same information as is required for an initial massage permit and shall be evaluated in the same way. (Ord. No. 09-07, § 2(Att. A), 10-6-09)