Part 3 — PERMITS AND LICENSES

The procedures set forth in Chapter 6.02 for permits and licenses shall govern the application for, investigation, approval, denial, suspension and revocation of any business permit, ownership/management license, or massage therapist license issued pursuant to this chapter, except as specifically provided in this part.

(Ord. 29662.)

In addition to the procedures set forth in Chapter 6.02, a person applying for a permit or license under this chapter shall provide to the chief of police:

A.

Proof that the applicant is at least eighteen years of age.

B.

For a business permit, the applicant shall provide:

Proof of zoning approval for the business premises;

Proof of professional liability or malpractice insurance as specified in Part 2 of this chapter;

The name and address of each massage therapist employed by the permittee or who works on the permittee's business premises.

C.

For an ownership/management license, when the applicant is or will be a manager of the business, the applicant shall provide proof of a diploma or certificate of graduation from a recognized school of massage after successfully completing a one-hundred-hour course of instruction.

(Ord. 29662.)

The city officials charged with investigating and enforcing this chapter and the Municipal Code, including, but not limited to, the police department, fire department, and planning, building and code enforcement department, are authorized to inspect the premises and all business records of each massage business during business hours for the purposes of determining compliance with the provisions of this chapter.

(Ord. 29662.)

A.

The permittee shall notify the chief of police, in writing, of the name and residence and business premises address of each person employed as a massage therapist or a manager prior to the start of employment.

B.

A massage therapist shall not commence employment or providing massage services unless the following has been provided to the chief of police:

Proof of insurance; and

A copy of the CAMTC certification.

(Ord. 29662.)

A change of location or name of a massage business shall be subject to the approval of the chief of police. The new location shall comply with each and every requirement of this chapter.

(Ord. 29662.)

Fees for the massage business permit and ownership/management license applications, and renewal applications shall be as set forth in the schedule of fees established by resolution of the city council.

(Ord. 29662.)

A.

Each business permit and ownership/management license issued pursuant to this chapter shall expire two years after the date of issuance.

B.

No business permit or ownership/management license issued by the chief of police pursuant to this chapter may be sold, transferred or assigned by the permittee or licensee, or by operation of law, to any other person or persons; any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute voluntary surrender of such permit or license and such permit or license shall thereafter be deemed terminated and void.

C.

In addition to the provisions set forth in Chapter 6.02 of the Municipal Code, a business permit or owner/manager license issued pursuant to this chapter may be denied, suspended or revoked if the permittee or licensee committed any offense involving lewdness, indecent exposure, prostitution, human trafficking, sex trafficking, labor trafficking or other similar offense or the employees, independent contractors, sole proprietorship, or otherwise of the massage business have committed such offenses during the course of employment or services.

(Ord. 29662.)

All massage business, including permittee, owner, manager, operator or massage therapist, shall comply with all local, state, and federal laws and regulations.

(Ord. 29662.)

It shall be unlawful and a public nuisance for a massage business to be operated, conducted, or maintained in violation of the provisions of this chapter. The city may exercise its discretion and commence any criminal or civil actions or proceedings available under the Municipal Code, state or federal law against any person or entity in violation of this chapter or any other applicable law. All remedies under Chapter 6.02, this chapter, the Municipal Code and state and federal law are cumulative.

(Ord. 29662.)

In the event of any conflicts or inconsistencies between the provisions of this chapter and the provisions of any other chapter(s) of the Municipal Code, the provisions of this chapter shall control, unless to do so would be inconsistent with the stated purpose of this chapter.

(Ord. 29662.)