Chapter 6 — MASSAGE/BODYWORK ESTABLISHMENTS AND MASSAGE/BODYWORK TECHNICIANS

Sections:

7-1253 - PURPOSE.

The Board of Supervisors of San Joaquin County acknowledges that the legitimate practice of massage/bodywork therapy is a legal enterprise. Nonetheless, the Board of Supervisors recognizes that massage "parlors" are often a front for criminal activities, including money laundering and prostitution, with their inherent threats to public health. The threats to the public health, safety and welfare that such criminal activities create require that massage parlors be specially monitored. The Board of Supervisors finds that licensing is the preferred approach to regulating massage/bodywork for the protection of the public health, safety and welfare.

The purposes of this chapter is to require the issuance of a permit to conduct, own or operate a massage/bodywork establishment within the unincorporated area of San Joaquin County; to require work permits for the massage/bodywork technicians employed therein; to establish standards for the issuance of said permits; to establish rules and regulations under which such permits shall remain in force, be suspended or revoked; and provide penalties for violations thereof.

(Ord. 3876 § 1 (part), 1996)

7-1254 - DEFINITIONS.

For the purpose of this chapter, unless the context clearly requires a different meaning, the following words and phrases shall have the meanings respectively ascribed to them by this section:

(a)

"Applicant" means any natural person, firm, partnership, corporation, association, or limited liability company, and their respective partners, offices and directors, who has applied for a massage/bodywork establishment permit or a massage/bodywork technician permit.

(b)

"Director of Community Development" means the Director of the Community Development Department of San Joaquin County or his designee.

(c)

"Massage/bodywork" means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical electrical apparatus or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparations.

(d)

"Massage/bodywork establishment" means any premises, place of business, or membership club where there is conducted the business or activity of furnishing, providing or giving for a fee or other form of consideration, massage/bodywork, fomentation, bath, manipulation of the body, electric or magnetic treatment, alcohol rub or other similar massage/bodywork service or procedure.

(e)

"Massage/bodywork technician" means any person, including the holder of a massage/bodywork establishment permit, who in connection with the activities of a massage/bodywork establishment administers to another person massage/bodywork, alcohol rub, fomentation, bath, electric or magnetic massage procedure, manipulation of the body, or any other similar procedure.

(f)

"On-site therapy" means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the human body with the hands without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparations, when the client remains fully clothed and at a location other than a massage/bodywork establishment, and is limited to business offices, sports complexes, convention centers, and public events.

(g)

"Out call massage" means the engaging in or carrying on of massage/bodywork for a fee or any consideration at the location other than a duly licensed massage/bodywork establishment.

(h)

"Person" shall mean any natural person, firm, partnership, corporation, association, or limited liability company.

(i)

"Recognized school of massage" means any school or institution of learning which:

(1)

Teaches the theory, ethics, practice, profession and work of massage/bodywork; and

(2)

Requires a residence course of study to be given before the student shall be furnished with a diploma or certificate of leaning; and

(3)

Has been approved pursuant to Section 94311 of the Education Code or, if said school is not located in California, has complied with the standards commensurate with those required in said Section 94311.

Any school or institution of learning offering or allowing correspondence course credit not requiring actual attendance at class, or courses of a massage/bodywork technician not approved by the California State Department of Education shall not be deemed a "recognized school of massage."

(j)

"Sheriff" means the Sheriff of the County of San Joaquin or his designee.

(Ord. 3876 § 1 (part), 1996)

7-1255 - PERMIT REQUIRED.

No person shall operate a massage/bodywork establishment without first having obtained a massage/bodywork establishment permit from the Community Development Department. Only the massage/bodywork establishment permit holder, if licensed as a massage/bodywork technician, and the massage/bodywork establishment permit holder's employees who possess a valid massage/bodywork technician permit may offer massage/bodywork at the premises, place of business, or membership club cited in the massage/bodywork establishment permit. When necessary to accommodate the physical condition of a client, a massage/bodywork technician may perform massage/bodywork services in a suite, room or office other than that listed in the massage/bodywork establishment permit but located in the same building as that shown on the massage/bodywork establishment permit. Violation of any part of this section is a misdemeanor.

(Ord. 3876 § 1 (part), 1996)

7-1256 - APPLICATION.

An application for a massage/bodywork establishment permit shall be filed with the Community Development Department and shall be in writing on forms provided by San Joaquin County, and shall be accompanied by payment of a fee. Any such application shall be under oath and shall contain such information pertinent to the applicant and the business as the County may require. The applicant shall provide, with the application, two passport-size color photographs to be retained by the County and one passport-size photograph for each permit for which the applicant is applying. If an applicant applies for a massage/bodywork establishment permit and a massage/bodywork technician permit at the same time, on the same form, the applicant shall be required to pay one fee of one hundred fifty dollars ($150.00) only, along with a one-time fee for fingerprinting, if applicable.

(Ord. 3876 § 1 (part), 1996)

7-1256.1 - FEE.

The fee for a massage/bodywork establishment permit shall be one hundred fifty dollars ($150.00) or as hereinafter established from time to time, after public notice, by resolution of the Board of Supervisors. For new applicants, there shall be a one-time fee of twelve dollars ($12.00) for fingerprinting the applicant.

(Ord. 3876 § 1 (part), 1996)

7-1257 - PROOF OF AGE.

The permit applicant shall accompany the application with written evidence that the applicant is eighteen (18) years of age or older.

(Ord. 3876 § 1 (part), 1996)

7-1258 - AGE REQUIREMENT.

A massage/bodywork establishment permit shall not be issued to any person under eighteen (18) years of age or to a partnership, corporation, limited liability company, or association, any officer or manager of which is under eighteen (18) years of age.

(Ord. 3876 § 1 (part), 1996)

7-1259 - INVESTIGATION.

(a)

The Director of Community Development shall refer all applications for a permit to the Sheriff for investigation and recommendations.

(b)

The Sheriff:

(1)

May fingerprint the applicant; and

(2)

Shall investigate and ascertain the following:

(A)

Whether the applicant has, within three (3) years immediately preceding the date of filing of the application, been convicted in a court of competent jurisdiction of any offense which relates directly to the operation of a massage/bodywork establishment, whether as a massage/bodywork establishment owner or operator or as a massage/bodywork technician, or of any felony the commission of which occurred on the premises of a massage/bodywork establishment; or

(B)

Whether the applicant has, within three (3) years immediately preceding the date of filing of the application, had any massage/bodywork establishment permit or massage/bodywork technician permit, which has been issued within the State of California, suspended or revoked; or

(C)

Whether the applicant has, within the ten (10) years immediately preceding the date of filing the application, completed a probationary period or has been released from prison (whichever period of time is longer), after having been convicted in a court of competent jurisdiction of any offense involving conduct which requires registration under Section 290 of the Penal Code, or of any violation of Sections 261.5, 266h, 266i, 314, 315, 316, 318 or 647(a), (b) or (d) of the Penal Code, or conspiracy or attempt to commit any such offense, or any offense which is the equivalent of any of the aforesaid offenses; or

(D)

Whether the applicant has, within ten (10) years immediately preceding the date of filing the application, completed a probationary period or has been released from prison (whichever period of time is longer) after having been convicted in a court of competent jurisdiction of any felony offense specified in Division 10 of the Health and Safety Code; or

(E)

Whether the applicant has knowingly made a material misrepresentation in the application or the permit; or

(F)

Whether the applicant has, within three (3) years immediately preceding the date of filing the application, been convicted in a court of competent jurisdiction of an offense involving moral turpitude.

(c)

The Sheriff shall make a report of his findings to the Director of Community Development with his recommendations, if any.

(d)

The Director of Community Development shall ascertain whether or not the premises to be used are suitable, proper, and adequate, and comply with all applicable laws, ordinances and regulations. The Director of Community Development shall make a report of the findings, together with his recommendations, if any. If the application is approved, the applicant will be issued a massage/bodywork establishment permit by the Community Development Department.

(Ord. 3876 § 1 (part), 1996)

7-1260 - BUSINESS LICENSE.

Nothing herein shall constitute a waiver of the requirements of Chapter 1 of Division 1 of Title 7 of this code requiring issuance and possession of a valid business license.

(Ord. 3876 § 1 (part), 1996)

7-1261 - RENEWAL OF PERMIT.

A massage/bodywork establishment permit shall be valid for a period of three (3) years commencing with the date of issuance, unless such permit is revoked or suspended. Any person who holds a valid massage/bodywork establishment permit may apply for a new permit by applying for said new permit during the sixty (60) days preceding the expiration date of the current permit. The applicant shall apply pursuant to the procedures established in Sections 7-1256 and 7-1259.

(Ord. 3876 § 1 (part), 1996)

7-1262 - TIME WITHIN WHICH TO GRANT OR DENY PERMIT.

Within forty-five (45) days after the filing of an application for a permit, the Director of Community Development shall review the application, together with the report and recommendations of the reviewing agencies. The Director of Community Development shall grant said permit or notify the applicant that he proposes to deny the permit, together with the grounds for denial as set forth in Section 7-1263 of this chapter. Said notice shall be in writing and sent by mail to the applicant's mailing address set forth in the application. In the event of denial, the applicant may appeal such denial to the Board of Supervisors by filing notice thereof with the Clerk of the Board within thirty (30) days of the date the notice was mailed, and upon payment of fees as determined by the Board of Supervisors for said appeal.

(Ord. 3876 § 1 (part), 1996)

7-1263 - GROUNDS FOR DENIAL OF A PERMIT.

The following grounds shall constitute grounds for denial of a massage/bodywork establishment permit:

(a)

The establishment as proposed by the applicant does not comply with all applicable laws including but not limited to the County's building, zoning and health regulations; or

(b)

The applicant has, within three (3) years immediately preceding the date of filing of the application, been convicted in a court of competent jurisdiction of any offense which related directly to the operation of a massage/bodywork establishment, whether as a massage/bodywork establishment operator or owner or as a massage/bodywork technician, or of any felony the commission of which has occurred on the premises of a massage/bodywork establishment; or

(c)

The applicant has, within three (3) years immediately preceding the date of filing the application, had a massage/bodywork establishment permit or massage/bodywork technician permit, or training license or permit, which was issued within the State of California, revoked; or

(d)

The applicant has, within three (3) years immediately preceding the date of filing the application, been convicted in a court of competent jurisdiction of an offense involving moral turpitude; or

(e)

The applicant has, within ten (10) years immediately preceding the date of filing the application, completed a probationary period or has been released from prison (whichever period of time is longer) after being convicted in a court of competent jurisdiction of any offense which required registration pursuant to Section 290 of the Penal Code, or convicted of a violation of Sections 261.5, 266h, 266i, 314, 315, 316, 318 or 647(a), (b) or (d) of the Penal Code,conspiracy or attempt to commit any such offense; or any offense which is equivalent to any of the aforesaid offenses;

(f)

The applicant has, within ten (10) years immediately preceding the date of filing the application, completed a probationary period or has been released from prison (whichever period of time is longer) after being convicted in a court of competent jurisdiction of any felony offense specified in Division 10 of Health and Safety Code; or

(g)

The applicant has knowingly made a material misrepresentation in the application for a permit.

(Ord. 3876 § 1 (part), 1996)

7-1264 - SUMMARY SUSPENSION OF A PERMIT.

Any permit issued hereunder may be summarily and temporarily suspended by the Sheriff or the Director of Community Development in event that there is probable cause to believe that the holder of such permit has committed any offense which would constitute grounds for denial of a permit pursuant to Section 7-1263 of this chapter, or has been arrested for any crime involving moral turpitude and such charges are currently pending in a court of competent jurisdiction. Any such suspension shall be accomplished by written notification of the suspension and the reasons therefor, sent by certified mail, return receipt requested, to the permittee's business address as approved in the permit or by personal service on the permittee or the permittee's agent.

Within two (2) working days thereafter, a copy of such notice, together with the reasons for the suspension, shall be transmitted to the Clerk of the Board. If the permittee files an appeal as set forth in Section 7-1267, the Clerk of the Board shall place the matter on the agenda of the Board of Supervisors according to the procedure set forth in Section 7-1267.

(Ord. 3876 § 1 (part), 1996)

7-1265 - REVOCATION BY DIRECTOR OF COMMUNITY DEVELOPMENT.

The Director of Community Development may initiate revocation procedures by sending written notice setting forth grounds for such revocation. Said notice shall be sent by certified mail, return receipt requested, to the permittee's business address as approved in the permit or by personal service on the permittee or the permittee's agent.

Within two (2) working days hereafter, a copy of such notice, together with the reasons for the revocation, shall be transmitted to the Clerk of the Board. The Clerk of the Board shall place the matter on the agenda of

the Board of Supervisors according to the procedure set forth in Section 7-1267.

(Ord. 3876 § 1 (part), 1996)

7-1266 - HEARING BY BOARD OF SUPERVISORS REQUIRED—TIME LIMITATIONS.

The Board of Supervisors shall cause a hearing to be held:

(a)

Upon the appeal of an applicant from the decision of the Director of Community Development to deny the granting of a permit;

(b)

Upon the summary suspension of a permit pursuant to Section 7-1264 of this chapter if the permittee files an appeal as set forth in Section 7-1267; or

(c)

Upon the Director of Community Development's determination to initiate revocation proceedings pursuant to Section 7-1265 of this chapter.

(Ord. 3876 § 1 (part), 1996)

7-1267 - HEARING PROCEDURE.

An appeal to the Board of Supervisors shall be made by filing a petition, within ten (10) working days of notification of suspension, with the Clerk of the Board of Supervisors. The petition shall set forth the grounds of appeal and the reasons why such appeal should be granted. Upon receipt of a petition of appeal, or upon receipt of a notice of revocation, the Clerk of the Board shall within ten (10) days following the filing of an appeal or notice, place the matter on the agenda of the Board of Supervisors. If there is no meeting of the Board of Supervisors within ten (10) days of the filing of the appeal or notice, the matter shall be placed on the agenda of the next meeting following the ten-day period.

The Board of Supervisors shall set the matter for hearing within thirty (30) days and give the appellant, or, in the case of a notice of suspension or revocation, the permittee, notice of the time and place for said hearing. Said notice shall be given in person or by mail not later than fifteen (15) days prior to the hearing.

(Ord. 3876 § 1 (part), 1996)

7-1268 - GROUNDS FOR REVOCATION AND/OR SUSPENSION OF A MASSAGE/BODYWORK ESTABLISHMENT PERMIT.

Any permit issued for a massage/bodywork establishment may be suspended and/or revoked after a hearing pursuant to Section 7-1267, where it is found that:

(a)

Permittee has violated any provisions of this chapter;

(b)

The permittee has been convicted in a court of competent jurisdiction of any offense constituting grounds for denial of the permit pursuant to Section 7-1263 of this chapter;

(c)

The permittee has engaged in fraud;

(d)

The permittee has continue to operate the massage/bodywork establishment after the permit has been suspended; or

(e)

The permittee has allowed a person to work as a massage/bodywork technician who:

(1)

Does not have a valid massage/bodywork technician permit in their possession, or

(2)

Has been convicted of any offense described in Section 7-1263 of this chapter, where the permittee has actual or constructive knowledge of such conviction.

(Ord. 3876 § 1 (part), 1996)

7-1269 - ACTION BY THE BOARD OF SUPERVISORS.

In considering and ruling upon the appeal of the petitioner, or in ruling upon a suspension or revocation, the Board of Supervisors shall judge the merits of the matter based upon the grounds set forth in Section 7-1268 of this chapter. The Board of Supervisors may reverse or affirm, wholly or in part, a decision, determination, or requirement of the Sheriff or the Director of Community Development and may make such decisions or determinations or impose such conditions as the facts warrant. The decisions of the Board of Supervisors shall be final. Any hearing may be continued from time to time.

(Ord. 3876 § 1 (part), 1996)

7-1270 - RETURN OF PERMIT—CLOSURE OF PREMISES.

Upon revocation or suspension, the permit shall be returned to the Director of Community Development for cancellation or holding pending the period of suspension. The Director of Community Development may direct or cause the premises to be closed and locked against use by the public when deemed reasonably necessary by the Director of Community Development in order to insure compliance with an order of suspension or revocation. Failure to return the permit when so ordered or failure to close the premises when so ordered shall constitute a misdemeanor.

(Ord. 3876 § 1 (part), 1996)

7-1271 - INSPECTION.

Any person operating a massage/bodywork establishment shall be responsible for and provide that any premises used for the purposes of a massage/bodywork establishment shall, during business hours, be readily accessible and open for inspection, with just cause, by law enforcement officers for the purpose of locating evidence that would substantiate a violation of the provisions of this chapter.

(Ord. 3876 § 1 (part), 1996)

7-1272 - HOURS.

No person shall conduct or operate a massage/bodywork establishment between the hours of ten-thirty p.m. and seven a.m., unless the massage/bodywork establishment is physically located within another licensed business that is not a massage/bodywork establishment and that other business is regularly open for business between the hours of ten-thirty p.m. and seven a.m.

(Ord. 3876 § 1 (part), 1996)

7-1273 - ALCOHOLIC BEVERAGES PROHIBITED.

No alcoholic beverages shall be sold, served or furnished on the premises of any massage/bodywork establishment. Violation of any part of this section shall constitute a misdemeanor.

(Ord. 3876 § 1 (part), 1996)

7-1274 - OUT-CALL MASSAGE PROHIBITED.

No out-call massage/bodywork shall be performed unless authorized in writing by a physician, surgeon, chiropractor or osteopath duly licensed to practice in the State of California. Violation of this section shall constitute a misdemeanor. On-site therapy, as defined in Section 7-1254(f) is not prohibited.

(Ord. 3876 § 1 (part), 1996)

7-1275 - BUSINESS NAME.

No person licensed to operate a massage/bodywork establishment shall operate under any name or conduct business under any designation not specified in the massage/bodywork establishment permit.

(Ord. 3876 § 1 (part), 1996)

7-1276 - CHANGE OF BUSINESS LOCATION.

Upon a request to change the location of a massage/bodywork establishment, an application to the Director of Community Development shall be made and such application shall be granted, provided all applicable provisions of this code have been complied with and the change of location fee, in the amount of fifty dollars ($50.00) or as hereinafter established by resolution of the Board of Supervisors, has been paid to the County.

(Ord. 3876 § 1 (part), 1996)

7-1277 - SALE OR TRANSFER OF INTEREST IN A MASSAGE/BODYWORK ESTABLISHMENT.

The sale or transfer of any interest in a massage/bodywork establishment shall be reported to the Director of Community Development at least ten (10) days prior to such sale or transfer. A new application, pursuant to Section 7-1256 shall be filed and an investigation conducted pursuant to Section 7-1259 as to the applicant obtaining such interest. If such applicant satisfies the requirements related to massage/bodywork establishment permit applicants, the existing permit shall be endorsed to include such applicant. A fee in the amount established by resolution of the Board of Supervisors shall be paid to the County for the investigation necessitated by such sale or transfer.

(Ord. 3876 § 1 (part), 1996)

7-1278 - DISPLAY OF PERMITS.

The permittee shall display the massage/bodywork establishment permit, together with the permit of each massage/bodywork technician employed in the establishment, in an open and conspicuous place on the premises. Passport size photographs of the establishment and technician permittees shall be affixed to the respective permits on display pursuant to this section. Residence addresses of permittees need not be displayed. Violation of any part of this section shall constitute a misdemeanor.

(Ord. 3876 § 1 (part), 1996)

7-1279 - RECORDS.

The owner and/or operator of a massage/bodywork establishment shall maintain a current file of all persons employed therein. Said file shall contain true names and aliases used by such employees, the age, birthdate, height, weight, color of hair and eyes, home address, telephone number, social security number, date of employment and termination, name and address of the recognized school of massage attended, the date attended, and the written proof that the massage/bodywork technician has completed a residence course of study in massage/bodywork. The owner or operator shall make all records immediately available upon demand of any law enforcement officer.

(Ord. 3876 § 1 (part), 1996)

7-1280 - LIST OF SERVICES.

A list of services available and the cost of such services shall be posted, in readily understandable language, in an open and conspicuous place on the premises. No massage/bodywork establishment nor any massage/bodywork technician may render, provide or offer to render or provide any service not listed in accordance with this section. Violation of any part of this section shall constitute a misdemeanor.

(Ord. 3876 § 1 (part), 1996)

7-1281 - REQUIREMENTS FOR MASSAGE/BODYWORK ESTABLISHMENTS.

(a)

Massage/bodywork schools operating as a massage/bodywork establishment shall possess a massage/bodywork establishment permit, massage/bodywork technician permit, and business license. Massage/bodywork schools that sublet individual space for the operation of a massage/bodywork establishment shall require a massage/bodywork establishment permit, massage/bodywork technician

permit and a business license for each such massage/bodywork establishment. No person shall perform massage/bodywork on a member of the general public while students are on the premise during massage/bodywork classroom hours.

(b)

Massage/bodywork establishments shall at all times be equipped with an adequate supply of clean sanitary towels, coverings and linens. Towels, coverings and linens shall not be used on more than one patron unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one patron. Soiled linens and paper towels shall be deposited in appropriate receptacles.

(c)

Wet and dry heat rooms, steam or vapor rooms or cabinets, shower rooms and compartments, toilet rooms and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open. Bathtubs shall be thoroughly cleaned after each use with a disinfectant. All walls, ceilings, floors, and other physical facilities must be in good repair and maintained in a clean and sanitary condition.

(d)

Instruments for massage/bodywork shall not be used on more than one patron unless the instrument is sterilized before each use by commonly accepted sterilization methods.

(e)

All massage/bodywork technicians shall wear garments which cover the entire body, exclusive of the head, neck, arms, hands, and feet, while giving massage/bodywork. Such garments shall not be transparent.

(f)

Condoms, spermicides and other items intended for birth control or to prevent the spread of sexually transmitted diseases, are permitted on the premises only if such items are the personal property of the owner, operator or an employee and such items are kept with the other personal items of the owner. In no case are said items of birth control or disease prevention permitted in areas accessible to the public.

(g)

Violation of any part of this section shall constitute a misdemeanor.

(Ord. 3876 § 1 (part), 1996)

7-1282 - EMPLOYMENT OF MASSAGE/BODYWORK TECHNICIANS.

No permittee or operator of a massage/bodywork establishment shall allow or permit a person to administer massage/bodywork for such establishment unless said person possesses a valid massage/bodywork technician's permit under the provisions of this chapter. It shall be the responsibility of the massage/bodywork establishment permittee to insure that each such person employed as a massage/bodywork technician shall first have obtained a valid permit under this chapter. Violation of any part of this section shall constitute a misdemeanor.

(Ord. 3876 § 1 (part), 1996)

7-1283 - PRE-EXISTING OPERATORS AND TECHNICIANS.

All operators of existing massage/bodywork establishments, and all persons engaged in giving massage/bodywork in the unincorporated area of San Joaquin County, upon the effective date of the ordinance codified in this chapter, shall file an application and comply with all requirements of this chapter within ninety (90) days.

(Ord. 3876 § 1 (part), 1996)

7-1284 - MASSAGE/BODYWORK TECHNICIAN'S PERMIT REQUIRED.

It shall be unlawful for any person to act as a massage/bodywork technician as defined herein without first having acquired a valid massage/bodywork technician permit from the Director of Community Development and complying with all of the regulations contained in this chapter. Violation of this section shall constitute a misdemeanor.

(Ord. 3876 § 1 (part), 1996)

7-1285 - ELIGIBILITY.

Any person eligible for a massage/bodywork technician permit must have completed, prior to applying for the permit, a residence course of study in massage/bodywork of not less than three hundred (300) hours, at a recognized school of massage. Technicians operating a pre-existing massage/bodywork establishment, with a valid San Joaquin County business license for massage/bodywork, are required to provide proof that, prior to applying for the permit, the applicant has completed a residence course of study in massage/bodywork of not less than one hundred (100) hours of study at a recognized school of massage, and must show proof of having completed three hundred (300) hours of study prior to applying for renewal of the permit.

(Ord. 3876 § 1 (part), 1996)

7-1286 - APPLICATION FOR A MASSAGE/BODYWORK TECHNICIAN PERMIT.

An application for a massage/bodywork technician permit shall be filed with the Director of Community Development and shall be in writing on forms provided by the County and shall be accompanied by payment of a fee. Any such application shall be under oath and shall contain such information pertinent to the application as the County may require. If the applicant applies for a massage/bodywork establishment permit and a massage/bodywork technician permit at the same time, on the same form, the applicant shall be required to pay one fee of one hundred fifty dollars ($150.00) only, along with a one-time fingerprinting fee if applicable.

(Ord. 3876 § 1 (part), 1996)

7-1286.1 - FEE.

The fee for a massage/bodywork technician permit shall be one hundred fifty dollars ($150.00) or as hereinafter established, after public notice, by resolution of the Board of Supervisors. New applicants shall pay a one-time fee of twelve dollars ($12.00) for fingerprinting.

(Ord. 3876 § 1 (part), 1996)

7-1287 - ITEMS TO ACCOMPANY APPLICATION FOR A MASSAGE/BODYWORK TECHNICIAN PERMIT.

The following items shall accompany the application for a massage/bodywork technician permit:

(a)

Written evidence that the applicant is at least eighteen (18) years of age; and

(b)

The name and address of the recognized school of massage attended and written proof that the applicant has completed the residence course of study in massage/bodywork as required by Section 7-1285 of this chapter; and

(c)

Two passport-size color photographs to be retained by the County and one passport-size color photograph for each permit for which the applicant is applying.

(Ord. 3876 § 1 (part), 1996)

7-1288 - INVESTIGATION BY DIRECTOR OF COMMUNITY DEVELOPMENT.

(a)

The Director of Community Development shall refer all applications for massage/bodywork technician permits to the Sheriff for investigation and recommendation.

(b)

The Sheriff:

(1)

May fingerprint the applicant; and

(2)

Shall investigate and ascertain:

(A)

Whether the applicant has, within three (3) years immediately preceding the date of filing the application, had any massage/bodywork establishment permit or massage/bodywork technician permit suspended or revoked;

(B)

Whether the applicant has, within ten (10) years immediately preceding the date of filing the application, completed a probationary period or has been released from prison (whichever period of time is longer) after

being convicted in a court of competent jurisdiction of any offense that requires registration under Section 290 of the Penal Code or any violation of Sections 261.5, 266h, 266i, 314, 315, 316, 318 or 647(a), (b) or (d) of the Penal Code, or conspiracy or attempt to commit any such offense, or any offense which is equivalent to any of the aforesaid offenses;

(C)

Whether the applicant has knowingly made a material misstatement in the application;

(D)

Whether the applicant has, within three (3) years immediately preceding the date of filing the application, been convicted in a court of competent jurisdiction of a crime of moral turpitude;

(E)

Whether the applicant has, within ten (10) years immediately preceding the date of filing the application, completed a probationary period or has been released from prison (whichever period of time is longer) after being convicted in a court of competent jurisdiction of any felony offense specified in Division 10 of the Health and Safety Code.

(c)

The Sheriff shall make a report of the findings to the Director of Community Development together with his recommendations, if any. If the application or the investigation reveals that the applicant currently has charges of a crime involving moral turpitude pending in a court of competent jurisdiction, the permit shall not be issued unless and until said charges are dismissed or the applicant is found not guilty.

(Ord. 3876 § 1 (part), 1996)

7-1289 - TIME WITHIN WHICH TO GRANT OR DENY A MASSAGE/BODYWORK TECHNICIAN PERMIT.

Within forty-five (45) days after the filing of an application for a massage/bodywork technician permit, the Director of Community Development shall review the application, together with the report and recommendation of the Sheriff, and shall grant said permit or shall notify the applicant of the denial of the permit and the grounds for such denial. If the permit is granted, the applicant shall be issued a massage/bodywork technician permit issued by the Community Development Department. If a notice of denial is issued, said notice shall be in writing and sent by certified mail to the applicant's mailing address as set forth in the application. In the event of denial of the permit, the applicant may appeal said denial to the Board of Supervisors by filing notice thereof with the Clerk of the Board within thirty (30) days of the date the notice was mailed. The Clerk of the Board shall set the matter on the agenda of the Board of Supervisors as set forth in Section 7-1296.

(Ord. 3876 § 1 (part), 1996)

7-1290 - GROUNDS FOR DENIAL.

The following shall constitute grounds for denial of a massage/bodywork technician's permit:

(1)

The applicant has, within three (3) years immediately preceding the date of the filing of the application, been convicted in a court of competent jurisdiction of any offense which relates directly to the operation of a massage/bodywork establishment or of any felony, the commission of which occurred on the premises of a massage/bodywork establishment; or

(2)

The applicant has, within three (3) years immediately preceding the date of filing the application, had any massage/bodywork establishment permit or massage/bodywork technician permit which was issued within the State of California suspended or revoked; or

(3)

The applicant has, within ten (10) years immediately preceding the date of filing the application, completed a probationary period or was released from prison (whichever period of time is longer) after being convicted in a court of competent jurisdiction of any offense that required registration under Section 290 of the Penal Code or was convicted of any violation of Sections 261.5, 266h, 266i, 314, 315, 316, 318 or 647(a), (b) or (d) of the Penal Code, or conspiracy or attempt to commit any such offense, or any offense which is equivalent to any of the aforesaid offenses; or

(4)

The applicant has, within ten (10) years immediately preceding the date of filing the application, completed a probationary period or has been released from prison (whichever period of time is longer) after being convicted in a court of competent jurisdiction of any felony offense specified in Division 10 of the Health and Safety Code; or

(5)

The applicant has knowingly made a material misstatement in the application; or

(6)

The applicant has, within three (3) years immediately preceding the date of filing the application, been convicted in a court of competent jurisdiction of an offense of theft or a series of petty thefts.

(Ord. 3876 § 1 (part), 1996)

7-1291 - AGE REQUIREMENT FOR MASSAGE/BODYWORK TECHNICIAN.

A massage/bodywork technician permit may not be issued to any person under the age of eighteen (18) years.

(Ord. 3876 § 1 (part), 1996)

7-1292 - SUMMARY SUSPENSION OF TECHNICIAN'S PERMIT.

Any massage/bodywork technician permit issued hereunder may be summarily and temporarily suspended by the Sheriff or the Director of Community Development in the event that it is determined that the holder of said permit has been arrested and charged in any court of competent jurisdiction with any offense which

would constitute grounds for denial of a permit pursuant to Section 7-1290 of this chapter, or has been arrested for any crime involving moral turpitude and such charges are currently pending in a court of competent jurisdiction.

(Ord. 3876 § 1 (part), 1996)

7-1293 - NOTICE OF SUMMARY SUSPENSION.

Summary suspensions shall be accomplished by written notice of the suspension and the reasons therefor sent by certified mail, return receipt requested, to the permittee's residence address as set forth in the application or by personal service upon the permittee. A copy of the notice, together with the reasons for suspension, shall be transmitted to the Clerk of the Board within two working days of sending the notice to the permittee. If the permittee files an appeal pursuant to the provisions of Section 7-1296, the Clerk of the Board shall set the matter on the agenda of the Board of Supervisors as set forth in Section 7-1296.

(Ord. 3876 § 1 (part), 1996)

7-1294 - REVOCATION BY DIRECTOR OF COMMUNITY DEVELOPMENT.

The Director of Community Development may initiate revocation procedures by sending written notice setting forth the grounds for such revocation. Said notice shall be sent by certified mail, return receipt requested, to the permittee's residence address as set forth in the application for a massage/bodywork technician permit or by personal service upon the permittee. A copy of the notice, together with the reasons for revocation, shall be transmitted to the Clerk of the Board within two (2) working days of sending the notice to the permittee. The Clerk of the Board shall set the matter on the agenda of the Board of Supervisors as set forth in Section 7-1296.

(Ord. 3876 § 1 (part), 1996)

7-1295 - HEARING BY BOARD OF SUPERVISORS—TIME LIMITATIONS.

The Board of Supervisors shall cause a hearing to be held:

(a)

Upon appeal of an applicant from a decision of the Director of Community Development to deny granting a permit;

(b)

Upon the summary suspension of a permit pursuant to Section 7-1293 of this chapter if the permittee files an appeal pursuant to Section 7-1296;

(c)

Upon the determination by the Director of Community Development to initiate revocation proceedings pursuant to Section 7-1296 of this chapter.

(Ord. 3876 § 1 (part), 1996)

7-1296 - HEARING PROCEDURE.

An appeal to the Board of Supervisors shall be made by filing a petition, within ten (10) working days of notification, with the Clerk of the Board of Supervisors. The petition shall set forth the grounds of appeal and the reasons why such appeal should be granted. Upon receipt of a petition of appeal, or upon receipt of a notice of revocation, the Clerk of the Board shall within ten (10) days following the filing of an appeal or notice, place the matter on the agenda of the Board of Supervisors. If there is no meeting of the Board of Supervisors within ten (10) days of the filing of the appeal or notice, the matter shall be placed on the agenda of the next meeting following the ten-day period.

The Board of Supervisors shall set the matter for hearing within thirty (30) days and give the applicant, or, in the case of a notice of suspension or revocation, the permittee, notice of the time and place for said hearing. Said notice shall be given in person or by mail not later than fifteen (15) days prior to the hearing.

(Ord. 3876 § 1 (part), 1996)

7-1297 - GROUNDS FOR REVOCATION OR SUSPENSION OF MASSAGE/BODYWORK TECHNICIAN PERMIT.

A massage/bodywork technician permit may be suspended or revoked by the Board of Supervisors after hearing pursuant to Section 7-1296 where it is found that:

(a)

The permittee has violated any provision of this chapter; or

(b)

The permittee has been convicted in a court of competent jurisdiction of an offense constituting grounds for denial of the permit pursuant to Section 7-1290; or

(c)

The permittee has continued to function as a massage/bodywork technician after the permit has been suspended.

(Ord. 3876 § 1 (part), 1996)

7-1298 - RETURN OF PERMIT.

Upon revocation or suspension, the massage/bodywork technician permit shall be returned to the Director of Community Development for cancellation or holding during the period of suspension. Violation of this section shall constitute a misdemeanor.

(Ord. 3876 § 1 (part), 1996)

7-1299 - ACTION BY BOARD OF SUPERVISORS IS FINAL.

Action taken by the Board of Supervisors with respect to the granting, denial, suspension or revocation of massage/bodywork technician permits shall be final and conclusive.

(Ord. 3876 § 1 (part), 1996)

7-1300 - RENEWAL OF PERMIT.

A massage/bodywork technician permit shall be valid for a three-year period commencing with the date of issuance, unless such permit is revoked or suspended. Any person who holds a valid massage/bodywork technician permit may request a new permit by applying for said new permit during the sixty (60) days preceding the expiration date of the current permit. The applicant shall apply pursuant to the provisions of Sections 7-1286 and 7-1288.

(Ord. 3876 § 1 (part), 1996)

7-1301 - REPLACEMENT OF PERMITS.

A lost, stolen or damaged massage/bodywork establishment permit or massage/bodywork technician permit may be replaced by providing proof of identity to the Community Development Department, applying for a replacement permit, and paying a replacement permit fee. The application for a replacement permit must be accompanied by one passport-size color photograph for each permit for which the applicant is applying.

(Ord. 3876 § 1 (part), 1996)

7-1301.1 - FEE.

The fee for a replacement massage/bodywork establishment permit or a massage/bodywork technician permit shall be fifty dollars ($50.00), or as hereinafter set by resolution of the Board of Supervisors.

(Ord. 3876 § 1 (part), 1996)

7-1302 - EXEMPTIONS.

The provisions of this chapter shall not apply to the following classes of individuals or businesses while engaged in the performance of their duties:

(a)

Physicians, surgeons, chiropractors, osteopaths, nurses or any physical therapists (state licensed professions or vocations) who are duly state licensed to practice their respective professions in the State of California;

(b)

Barbers, beauticians and cosmetologists who are duly licensed under the laws of the State of California while engaging in practices within the scope of their licenses; except that this exemption shall apply only to the massaging of the neck, face and/or scalp of the customers;

(c)

Hospitals, nursing homes, sanatoriums or any other health facility duly licensed by the State of California;

(d)

Accredited high schools, junior colleges, and colleges or universities whose coaches and trainers are acting within the scope of their employment;

(e)

Trainers of amateur, semi-professional or professional athletes or athletic teams while engaging in their training responsibilities for and with athletes; and trainers working in conjunction with a specific athletic event such as road races, track meets, triathlons, biathlons or similar single-occurrence athletic or recreational events.

(Ord. 3876 § 1 (part), 1996)

7-1303 - NUISANCE TO MAINTAIN MASSAGE/BODYWORK ESTABLISHMENT IN VIOLATION OF THIS CHAPTER.

Any massage/bodywork establishment maintained in violation of the provisions of this chapter is a public nuisance. Pursuant to Section 8-5400, the County shall be reimbursed for all times, services and materials needed to abate the nuisance.

(Ord. 3876 § 1 (part), 1996)

7-1304 - INFRACTION OR MISDEMEANOR TO VIOLATE THE PROVISIONS OF THIS CHAPTER.

Unless otherwise noted, any person who violates the provisions of this chapter may be prosecuted for an infraction.

(Ord. 3876 § 1 (part), 1996)

7-1305 - PENALTY FOR VIOLATION OF THIS CHAPTER.

Each violation shall be a new and separate offense.

(a)

Infractions. A permittee who is guilty of an infraction for violating the provisions of this chapter shall be punished as follows:

(1)

For the first violation, a fine of one hundred dollars ($100.00), plus any additional penalties assessed by the court;

(2)

For the second violation, a fine of two hundred dollars ($200.00), plus any additional penalties assessed by the court;

(3)

For the third violation, a fine of two hundred fifty dollars ($250.00), plus any additional penalties assessed by the court.

(4)

Each violation in excess of three is a misdemeanor.

(b)

Misdemeanors. The punishment for a permittee guilty of a misdemeanor for violating the provisions of this chapter shall be:

(1)

A fine of not more than one thousand dollars ($1,000.00); or

(2)

Imprisonment in the County jail or not a term of not more than six (6) months; or

(3)

Both a fine and imprisonment.

(c)

Other Remedies. This chapter does not preclude the enforcement agency, the District Attorney, the Attorney General, law enforcement agencies, or other Federal, State or local officers and employees from pursuing other remedies provided by law.

(Ord. 3876 § 1 (part), 1996)