Santa Fe Springs Municipal Code Ch. 115 Massage Establishments

Every person advertising by sign, circular, handbill, newspaper, periodical, magazine or other publication, or by any other means whatsoever, who for money or reward, offers to do personally or to furnish the services of others to do any of the following things shall pay the license fee required by § 115.03 and procure a license in the manner described in this chapter:

(A) Administering to the external portions of a person for remedial, health, or hygienic purposes by means of pressure on or friction against or rubbing, stroking, bathing, touching, binding, painting, kneading, tapping, pressing, pounding, vibrating or stimulating with the hands, feet, fingers, elbows, or other portion of the body, with or without an instrument or device, and with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powders, creams, lotions or ointments.

(B) Providing or furnishing, conducting or carrying on the business of giving, furnishing baths of any kind or type, including Russian, Turkish, Swedish, hot air, vapor, electric cabinet, steam or mineral, sweat, salt, Japanese, sauna, jacuzzi, fomentation or electric baths.

(C) This chapter shall not apply to any person who is a state-licensed physician, osteopath or chiropractor, or other person who, with a state license, administers any such treatment or services pursuant to a prescribed course of medical treatment of disease or injury, or for physical rehabilitation.

('64 Code, § 6-100; Ord. 403, passed 5-27-71; Ord. 664, passed 4-11-85)

Cross reference— Penalty, see § 10.97

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Massage. The doing of any of the things or activities described in § 115.01.

Massage Establishment. Any establishment having a fixed place of business within the city where any person engages in, conducts or carries on any of the things or activities described in § 115.01.

Massage Technician. Any person who, for any form of consideration, does any of the things or activities described in § 115.01.

Sexual or Genital Area. The genitals, pubic area, buttocks, anus or perineum of any person, or the vulva or breasts of a female.

('64 Code, § 6-100.1; Ord. 403, passed 5-27-71; Ord. 664, passed 4-11-85)

(A) The application fee for a massage establishment license and the annual fee for a massage establishment license shall be an amount as set by City Council resolution.

(B) For each massage technician in such establishment, the application fee and the annual fee for a license shall be an amount as set by City Council resolution.

('64 Code, § 6-101; Ord. 403, passed 5-27-71; Ord. 664, passed 4-11-85; Am. Ord. 750, passed 6-22-89; Am. Ord. 810, passed 7-9-92; Am. Ord. 856, passed 7-13-95; Am. Ord. 875, passed 6-12-97)

Cross reference— Massage technicians, see §§ 115.30 et seq.

No person shall commence, engage in, carry on, or advertise that he or she will engage in or carry on any trade, calling, profession, or occupation specified in § 115.01 without first having procured a license as required by the licensing provisions of this chapter or without complying with any and all regulations of such trade, calling, profession or occupation contained in this chapter, or any other ordinance of the city; or perform any trade, calling, profession or occupation contained in this chapter, or any other ordinance of the city; or perform any trade, calling, profession or occupation mentioned in this chapter without first having procured such a license when required to do so. Each separate noncompliance with any and all regulations of such trade, calling, profession or occupation contained in this chapter, shall constitute a separate violation of this chapter for each and every day that such trade, calling, profession, or occupation is so advertised, engaged in or carried on.

('64 Code, § 6-102; Ord. 403, passed 5-27-71; Ord. 664, passed 4-11-85)

Cross reference— Penalty, see § 10.97

(A) Every person desiring to provide the services described in § 115.01 shall make application to the Director of Police Services for the city.

(B) Every applicant shall provide the following:

(1) If the applicant is a corporation or partnership, it shall designate one of its officers or general partners to act as its responsible managing officer, and such person shall complete and sign all application forms required by the city.

(2) If the applicant is a partnership, there shall be submitted a copy of any partnership agreement, which shall be certified by the responsible managing officer.

(3) If the applicant is a limited partnership, there shall be submitted a copy of the limited partnership agreement, if any, and the certificate of limited partnership as filed with the County Clerk, which documents shall be certified by the responsible officer.

(4) If the applicant is a corporation, or a partner of any partnership is a corporation, the name of the corporation shall be set forth exactly as shown in the Articles of Incorporation, and there shall be submitted a certified copy of the Articles of Incorporation, together with any authorizations to issue or transfer stock, as well as proof that said corporation is in good standing, and, if a foreign corporation, duly authorized to transact business in the state.

(5) The exact name, including any fictitious name, if applicable, under which the business is to be operated.

(6) A description of the service or services to be provided, the address of the proposed location, and the facilities thereof.

(7) A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant.

(8) The names and residence addresses of all massage technicians who are or will be employed, or acting as independent contractors in the massage establishment.

(9) The massage or similar business license history of the applicant; whether such person, in previously operating in this or another city or state, has had a business license or license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation.

(10) Every applicant for a license, whether an individual or combination of individuals, and each partner or limited partner of an applicant, if a partnership applicant, and every officer, director, and each stockholder holding five percent or more of the stock of a corporate applicant, shall furnish the following information:

(a) The full name, date of birth, current residence and business address, and telephone numbers.

(b) California driver's license number or California identification number and Social Security number, if any.

(c) Any other names or aliases, including nicknames, used within five years immediately prior to the date of filing the application.

(d) Each residence and business address for the five years immediately prior to the date of filing the application, and the inclusive dates of each address.

(e) Written proof that each individual is at least 18 years of age.

(f) Height, weight, sex, color of eyes and hair, photograph and finger and thumb prints. Photographs shall be two inches by two inches showing the head and shoulders in a clear manner and shall have been taken within 60 days prior to the filing of the application.

(g) The massage or similar business license or license history of each individual; whether such individual, in previously operating in this or any other city or state has had a business license or license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation.

(h) The name and address of any massage business or other establishment currently owned or operated by such individual wherein the business of massage is conducted.

(i) Any conviction, forfeiture of bond, or plea of nolo contendere upon any criminal violation or city ordinance violation (except minor traffic violations), within a five-year period, and, if so, the place and court in which such conviction, plea or forfeiture was heard, the specific charge, and the sentence imposed as a result thereof.

(j) The names, current addresses, and written statements of at least two reliable property owners of the county who will certify as to such individual's good character or business responsibility; or, in lieu of such references, such other available evidence as to the good character or business responsibility of such individual as will enable the Director of Police Services or designee to properly evaluate such character or business responsibility.

(k) The names and addresses of the record owner and lessor of the real property upon or in which the massage establishment is to be conducted, and a copy of the lease or rental agreement. If the applicant is not the legal owner of the property, the application must be accompanied by a notarized acknowledgement from the record owner of the property that a massage establishment will be located on said property.

(l) Authorization for the city, its agent and employees, to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the license.

(m) Such other identification and information as may be necessary to verify the truth of the matters hereinabove specified as required to be set forth in the application.

('64 Code, § 6-103; Ord. 403, passed 5-27-71; Ord. 664, passed 4-11-85)

(A) The Director of Police Services shall make, or cause to be made, an investigation of each application and the supporting data.

(B) Subsequent to the filing of an application for a massage establishment license, the Director of Police Services shall transmit the application to the Chief of Police for investigation; provided, however, that the office shall not forward an application for a massage establishment license to the Chief of Police unless and until a letter of compliance has been issued by the Department of Planning and Development in accordance with the following procedures:

(1) Upon filing an application for a massage establishment license, the Director of Police Services shall notify the Department of Planning and Development. The Department of Planning and Development shall cause an inspection to be made of the premises for which a license is desired to ascertain if the premises are in compliance with all applicable health laws, including the provisions of this chapter. If the premises are in compliance, the Department of Planning and Development shall issue a letter to the Director of Police Services so stating. If the premises are not in compliance, the Director of Police Services shall issue a letter to the applicant setting forth the deficiencies and shall reinspect the premises no more than twice upon written request of the applicant who shall pay all costs thereof. If a letter of full compliance is not issued by the Director of Police Services within 90 days of the date of the filing of the application, the application shall be deemed withdrawn and a new application must be filed.

(2) The Director of Police Services, concurrently with the referral of an application to the Chief of Police, shall also refer such application to the Fire Department for a determination as to whether the premises to be used are suitable, proper and adequate, and comply with the Fire Codes for the issuance of the license. The investigating officers or representatives of said departments shall file with the Director of Police Services their reports in writing. The report of each department shall state the extent of investigation, particulars of objections, and recommendations.

(3) The City Manager, upon recommendation from the Director of Police Services shall, at his discretion, grant or refuse to grant the license.

(4) No license shall be granted:

(a) In violation of any provision of this code or the applicable laws of the state; or

(b) If it is found that the applicant, or any other person who will be directly or indirectly engaged in the ownership, management or operation of the massage establishment:

1. Has knowingly made any false, misleading or fraudulent statement of facts in the license application, or any other document required by the city in conjunction therewith; or

2. Is not 18 years of age or older; or

3. Has had a massage establishment, massage technician, or other similar license or license revoked, or suspended by the city or any other state or local agency within five years prior to the date of application; or

4. Has been convicted or has entered a plea of guilty or nolo contendere to a felony or any crime of moral turpitude or any offense involving sexual misconduct including, but not limited to, any crime or offense specified in Cal. Gov't Code § 51032, as amended from time to time, or is required to register under the provisions of Cal. Penal Code § 290, unless the Chief of Police finds that the offense is not reasonably related to the occupation being regulated.

5. The City Manager shall issue the license, if granted. The license shall be limited to the uses requested in the application and subject to such other restrictions, terms and conditions as the City Manager may prescribe. The license may be granted conditionally in order to ensure compliance with the provisions of this chapter.

('64 Code, § 6-104; Ord. 403, passed 5-27-71; Ord. 664, passed 4-11-85)

Every natural person actively carrying on, conducting, or engaging in any of the activities for which a license is required, and enumerated in § 115.01, shall file a separate application, required by the licensing provisions in this chapter, regardless of affiliation with any firm, corporation, co-partnership, association, society, or any other such organization.

('64 Code, § 6-105; Ord. 403, passed 5-27-71; Ord. 664, passed 4-11-85)

Cross reference— Penalty, see § 10.97

(A) No license to conduct a massage establishment shall be issued unless an inspection is made and it is determined that the establishment complies with each of the following minimum requirements.

(B) A license previously issued shall be revoked if the following facilities and operating requirements are not met:

(1) Minimum lighting shall be provided in accordance with the Uniform Building Code, and at least one artificial light and not less than 100 watts shall be provided in each enclosed room or booth where massage services are being performed on a patron.

(2) Minimum ventilation shall be provided in accordance with the Uniform Building Code.

(3) Adequate equipment for disinfecting and sterilizing instruments used in performing massage shall be provided.

(4) Hot and cold running water shall be provided at all times.

(5) Closed cabinets shall be provided, which cabinets shall be utilized for the storage of clean linen.

(6) Adequate bathing, dressing locker, and toilet facilities shall be provided for patrons. A minimum of one tub or shower, one dressing room containing a minimum of one toilet and one washbasin, shall be provided by every massage establishment; provided, however, that if male or female patrons are to be served simultaneously at the establishment, separate bathing, separate massage or room or rooms, separate dressing and separate toilet facilities shall be provided for male and female patrons.

(7) All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, saunas, jacuzzis and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition.

(8) A minimum of one separate washbasin shall be provided in each massage establishment for the use of employees of any such establishment, which basin shall provide soap or detergent and hot and cold running water at all times and shall be located within or as close as practicable to the area devoted to the performing of massage service. In addition, there shall be provided at each washbasin sanitary towels placed in permanently installed dispensers.

(9) Pads used on massage tables shall be covered in a workmanlike manner with durable, washable plastic or other waterproof material.

(10) A separate locker shall be provided for each person to be served, which locker shall be capable of being locked and available at no extra charge.

('64 Code, § 6-106; Ord. 403, passed 5-27-71; Ord. 664, passed 4-11-85)

Cross reference— Penalty, see § 10.97

In the day-to-day conduct of the business, the following requirements shall be met:

(A) All employees and massage technicians shall wear clean outer garments which are restricted to the massage establishment. The garments shall provide a complete covering, by fully-opaque material, of the genitals, genital area, buttocks and female breasts of such employees, massage technicians and attendants.

(B) No massage establishment licensed under the provisions of this chapter, shall place, publish, distribute, disseminate, or broadcast, or cause to be placed, published, distributed, disseminated or broadcasted, and advertising matter that would reasonably suggest to prospective patrons that any service is available other than those services described in § 115.01, nor shall any massage establishment indicate in the text of any advertising that any service is available other than those services described in § 115.01.

(C) A massage business licensee shall have the premises supervised at all times when open for the business by the operator or manager. The violation upon the premises of any massage establishment of any provision of this chapter by any agent, employee or independent contractor of the holder of a massage business license shall constitute a violation by the license holder.

(D) Each massage establishment shall have at least one person who has a valid massage technician's license on the premises at all times while the establishment is open for business.

(E) The operator of a massage establishment shall maintain a register of all persons employed as massage technicians and their licenses. Such register shall be made available for inspection by representatives of the city at any time during the establishment's business hours.

(F) A recognizable and readable sign shall be posted at the main entrance identifying the establishment as a massage establishment, provided that all such signs shall comply with the sign requirements of the city, and such sign shall not reasonably suggest that services other than those identified in § 115.01 are available. Such sign shall list services available and the costs of services.

(G) In any establishment in which massage activities are rendered only to members of the same sex at any one time, such persons of the same sex may be placed in a common room, or the operators of the massage establishment may elect to place such persons of the same sex in separated enclosed rooms or booths having adequate ventilation to an area outside said room or booth, while services are being performed.

(H) Clean and sanitary towels and linens shall be provided for each patron of the establishment or each patron receiving massage services. No common use of towels or linens shall be permitted.

(I) Wet and dry heat rooms, steam or vapor rooms or cabinets, shower compartments, jacuzzis and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use.

(J) Proof of compliance with the applicable provisions of this code shall be provided.

(K) The administration of massage and operation of a massage establishment shall be carried on only between the hours of 8:00 a.m. and 11:00 p.m.

(L) No persons shall enter, be or remain in, any part of a massage establishment while in the possession of, consuming, or using any alcoholic beverage or drug, except pursuant to a prescription for such drug. The owner, operator, responsible managing employee, manager or licensee shall not permit any such person to enter or remain upon such premises.

(M) The services described in § 115.01 shall be performed or provided only upon the premises for which the license has been issued.

(N) All exterior doors shall be unlocked from the interior side during business hours.

(O) The owner, operator, responsible managing employee, manager or licensee of a massage establishment shall display in an open and conspicuous manner on the business premises the license issued therefor and a true and correct copy of the license of each and every massage technician employed therein, and shall provide to every patron who so requests the information contained in such licenses.

(P) A licensee shall notify the Department of Police Services in writing, within 48 hours of any change in personnel with regard to massage technicians.

(Q) No person owning, operating, or managing a massage establishment shall knowingly cause, allow or license any agent, employee, or any other person under his control or supervision to perform acts prohibited by state or local laws or ordinances. Knowingly includes both actual and constructive knowledge.

(R) The sexual or genital areas of patrons shall be covered with towels, clothes or undergarments when in the presence of an employee, attendant or massage technician.

(S) It shall be unlawful for any person employed by a massage establishment to place his or her hand upon or to touch with any part of his or her body or to fondle in any manner or to massage a sexual or genital area of any patron.

('64 Code, § 6-107; Ord. 403, passed 5-27-71; Ord. 664, passed 4-11-85)

Cross reference— Penalty, see § 10.97

(A) Not less often than once each year, the premises shall be inspected by appropriate employees of the city to ensure compliance with the requirements of this chapter.

(B) Each operator of a massage establishment shall maintain ledger books, daily journals and other accounting records which truly and correctly show the income, expenses and the distribution of profits, if any, pertaining to the operation of the massage establishment. The books and records shall be maintained in accordance with generally accepted accounting principles, and shall be made available at all reasonable times at the premises where the massage establishment is located, and shall be made available at the Department of Police Services upon 72 hours written notice for inspection.

(C) Each operator of a massage establishment shall maintain a record of the date, time, name of customer, type of service provided and the person providing such service. Each patron shall be required to supply reliable verification of his or her identity. Such records shall be open to inspection by the Director of Police Services at all times on the premises of the massage establishment. Such records shall be kept for a minimum of two years. The information contained in such records shall be used only for the purpose of enforcing this chapter, as well as other applicable laws, and shall otherwise be confidential. It shall be unlawful for any person to disclose such information for any unauthorized purpose.

('64 Code, § 6-108; Ord. 403, passed 5-27-71; Ord. 664, passed 4-11-85)

Cross reference— Penalty, see § 10.97

No massage establishment shall operate in the same location, nor use the same facilities as that of a school of massage. It shall be unlawful for any person to perform any massage upon a member of the general public while on the premises of a school of massage. Instructors and students of such schools may practice massage only upon a bona fide employee of the school or student. A mannequin may be used. Massage treatment for consideration of any kind whatsoever shall not be provided at massage schools.

('64 Code, § 6-109; Ord. 403, passed 5-27-71; Ord. 664, passed 4-11-85)

Cross reference— Penalty, see § 10.97

Any license issued under the terms of this chapter may be revoked or suspended at any time by the City Manager, after a hearing, due notice of which shall be furnished the licensee, if the City Manager shall find, upon evidence heard, that:

(A) The licensee has carried on the licensed activities in an illegal, improper or disorderly manner; or

(B) The licensee, in carrying on the licensed activities, has violated or permitted the violation of any law of the state of any provisions of this code; or

(C) The conditions of the license have been materially or repeatedly violated; or

(D) Any condition or fact exists which would, if known at the time of issuance of the license, have been grounds for denying the license.

('64 Code, § 6-110; Ord. 403, passed 5-27-71; Ord. 664, passed 4-11-85)

An appeal may be made to the City Council from any decision or determination of the City Manager pursuant to this chapter. The appeal shall be in writing and shall be filed with the City Clerk within ten days from the mailing to the applicant or licensee of the decision or determination of the City Manager from which the appeal is taken. Any such appeal shall specify the decision from which the appeal is taken and the grounds of the appeal. If the City Manager has theretofore conducted a hearing with respect to the decision, the City Council may determine the appeal on the basis of the transcript of said hearing, or may hold a public hearing de novo before the City Council itself, in its sound discretion. If there has been no prior hearing before the City Manager with respect to the decision appealed from, the City Council shall hold a public hearing on the appeal. At any such hearing, the applicant shall be entitled to be present, to be represented by an attorney, and to present witnesses and testimony in support of his appeal. The decision of the City Council with respect to any appeal shall be final.

('64 Code, § 6-111; Ord. 403, passed 5-27-71; Ord. 664, passed 4-11-85)

Upon the sale or transfer of any interest in a massage establishment or any entity owning such massage establishment, the license issued pursuant to this chapter shall be null and void unless the sale or transaction is to an applicant already shown on the application for the license pursuant to which the establishment was operated. A new application under this chapter shall be made by any person, firm, or entity desiring to own or operate such massage establishment.

('64 Code, § 6-112; Ord. 403, passed 5-27-71; Ord. 664, passed 4-11-85)

(A) All persons who possess an existing license heretofore issued by the city to operate a massage establishment must apply for a license within 90 days of the effective date of this chapter if they qualify under the provisions of this chapter, and, in any event, any licenses issued under this chapter prior to the effective date of this chapter shall be null and void upon the passage of 90 days from the effective date hereof.

(B) As to any existing and properly licensed massage establishments or technicians as of the effective date of this chapter, and pending the application and the issuance of or denial of a licensed under this chapter as above specified, the provisions of §§ 115.08 and 115.09 shall apply to such existing establishments.

('64 Code, § 6-113; Ord. 664, passed 4-11-85)

Any massage establishment operated, conducted or maintained contrary to the provisions of this chapter is hereby declared to be unlawful and a public nuisance, and the City Attorney may (in addition to or in lieu of prosecuting a criminal action hereunder) commence an action or actions, proceeding or proceedings for the abatement, removal or enjoinment thereof in the manner provided by law; and may take such other steps and apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such establishment and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this chapter.

('64 Code, § 6-114; Ord. 664, passed 4-11-85)

No applicant may apply for a license under this chapter within one year from denial of a license to such applicant or within one year from the revocation of a license issued to such licensee, unless the cause of the denial or revocation has been remedied to the satisfaction of the City Manager.

('64 Code, § 6-121; Ord. 664, passed 4-11-85)

Each person to whom a license has been issued pursuant to this chapter shall immediately surrender his or her license to the Director of Police Services upon revocation or suspension of such license.

('64 Code, § 6-122; Ord. 664, passed 4-11-85)

The payment of license and license fees under this chapter shall be independent of any processing of an application for a conditional use permit or other zoning matters relating to the location of massage establishments within the city.

('64 Code, § 6-123; Ord. 664, passed 4-11-85)

Every person who is employed as or acts as a massage technician or who provides such other services as enumerated in § 115.01 for compensation shall pay the license fee of an amount as set by City Council resolution, as required by § 115.03 and shall procure a license in the manner prescribed in this section.

('64 Code, § 6-115; Ord. 403, passed 5-27-71; Ord. 664, passed 4-11-85; Am. Ord. 875, passed 6-12-97)

Cross reference— Penalty, see § 10.97

No person shall commence, engage in, carry on, or advertise that he or she will engage in or carry on any trade, calling, profession, or occupation specified in § 115.01 without having procured a license as required by the licensing provisions of this chapter without first having procured such a license when required to do so. Commencing, engaging in, carrying on or advertising that he or she will engage in or carry on any trade, calling, profession or occupation specified herein without having complied with all regulations of such trade, calling, profession, or occupation contained in this chapter, shall constitute a separate violation of this chapter for each and every day that such trade, calling, profession, or occupation is so advertised, engaged in or carried on.

('64 Code, § 6-116; Ord. 403, passed 5-27-71; Ord. 664, passed 4-11-85)

Cross reference— Penalty, see § 10.97

(A) Every person desiring to practice a profession, art or business specified in § 115.30 shall make application to the Director of Police Services of the city.

(B) The applicant shall provide the following:

(1) The full name, date of birth, current residence and business address, and telephone numbers.

(2) California driver's license number or California identification number and Social Security number, if any.

(3) Any other names or aliases, including nicknames, used within five years immediately prior to the date of filing the application.

(4) Each residence and business address for the five years immediately prior to the date of filing the application and the inclusive dates of each such address.

(5) Written proof that applicant is at least 18 years of age.

(6) Height, weight, sex, color of eyes and hair, photograph and finger and thumb prints. Photographs shall be two inches by two inches showing the head and shoulders in a clear manner and shall have been taken within 60 days prior to the filing of the application.

(7) The massage or similar business license or license history of the applicant; whether such applicant, in previously operating in this or any other city or state, has had a business license or license revoked or suspended, or has had any professional or vocational license or license revoked or suspended, and the reason thereof.

(8) The business, occupation and employment history of the applicant for the five years immediately preceding the date of the application and the address of each and every location where such business, occupation and employment was engaged in or performed.

(9) Any conviction, forfeiture of bond, or plea of nolo contendere upon any criminal violation or city ordinance violating (except minor traffic violations), within a five-year period, and if so, the place and court in which such convictions, plea or forfeiture was heard, the specific charge, and the sentence imposed as a result thereof.

(10) The names, current addresses and written statements of at least two reliable property owners of the county who will certify as to such individual's good character or business responsibility; or, in lieu of such references, such other available evidence as to the good character or business responsibility of such individual as will enable the Chief of Police to properly evaluate such character or business responsibility.

(11) A certificate from a medical doctor, licensed to practice in the state, issued within 30 days immediately prior to the filing of the application, stating that the applicant has been examined and found to be free of any contagious or communicable disease as of the date of such examination.

(12) The business address and all telephone numbers of any massage establishment where the massage is to be practiced and if other than a massage establishment, the place or places where the applicant will engage in the practice of massage.

(13) Such other identification and information necessary to discover the truth of the matters hereinbefore specified and required to be set forth in the application.

(14) Authorization for the city, its agents and employees, to seek information and conduct an investigation into the truth of the statements set forth in the application and qualifications of the applicant for the license.

('64 Code, § 6-117; Ord. 403, passed 5-27-71; Ord. 664, passed 4-11-85)

(A) Upon application for a massage technician license and after applicant has paid the required fee and furnished the required information, each applicant shall take and pass an examination of qualifications within 30 days preceding the date of issuance of the massage technician license.

(B) The examination required by this section shall be conducted by the County Health Department, shall be such as to fairly determine the ability of the applicant to properly perform the work which the applicant would be authorized to do by the license applied for, and shall cover the following subjects: anatomy, physiology, hygiene, and the practice and theory of massage as massage is defined in this chapter. The examination shall include both a practical demonstration and a written test. In the grading of the examination, practical demonstrations shall prevail over written tests, that is, a greater number of credits shall be allowed on practical demonstrations than on written tests.

(C) Any applicant who fails to pass an examination shall not be eligible to take another examination until four weeks after taking the previous examination, and any such examination shall be at the applicant's expense. Any applicant who fails to pass upon the third trial shall not be eligible to take another examination for six months thereafter.

('64 Code, § 6-118; Ord. 664, passed 4-11-85)

(A) Subsequent to the filing of an application for a massage technician license, the Director of Police Services shall transmit the application to the Chief of Police for investigation and report. Thereafter, the Chief of Police or his representative shall file with the Department of Police Services a report stating the extent of any investigation, particulars of objections, and recommendations.

(B) No massage technician license shall be issued:

(1) In violation of any provision of this code or the applicable laws of the state; or

(2) If it is found that the applicant:

(a) Has knowingly made any false, misleading or fraudulent statement of facts in the license application, or any other document required by the city in conjunction therewith; or

(b) Is not 18 years of age or older; or

(c) Has had a massage technician or other similar license or license denied, revoked or suspended by the city or any other state or local agency within five years prior to the date of application; or

(d) Has been convicted of or has entered a plea of guilty or nolo contendere to a felony or any crime of moral turpitude or any offense involving sexual misconduct including, but not limited to, any crime or offense specified in Cal. Gov't Code § 51032, as amended from time to time, or is required to register under the provisions of Cal. Penal Code § 290, unless the Chief of Police finds that the offense is not reasonably related to the occupation being regulated.

(C) After the applicant passes the examination of qualifications specified herein, or after receipt of the report of the Chief of Police, whichever, is last to occur, the City Manager, upon recommendation from the Director of Police Services, shall, at his discretion, grant or refuse to grant the license. The City Manager shall issue the license, if granted. The license shall be personal to the applicant and non-transferable and shall be limited to the uses requested in the application and subject to such other restrictions, terms and conditions as the City Manager may prescribe. Licenses may be granted conditionally in order to ensure compliance with the provisions of this chapter.

('64 Code, § 6-119; Ord. 403, passed 5-27-71; Ord. 664, passed 4-11-85)

Every massage technician shall annually make application for renewal of his or her license to the Director of Police Services and at such time shall submit a certificate under penalty of perjury from a medical doctor stating that the licensee has within 30 days immediately prior thereto been examined and found to be free of any contagious or communicable disease. Such annual renewal application shall require an update on any and all information set forth on the application for the massage technician license filed by the applicant, except the application for a renewal of a technician license shall not require the passage of an examination. Such renewal application shall be accepted only upon showing that the license fee has been paid to the city. If the licensee fails to deliver such a doctor's certificate, fails to provide such updated information, or fails to pay the above referenced fee within 30 days following the annual anniversary date of the massage technician license, then the underlying license shall be null and void and shall be revoked by operation of the terms of this section.

('64 Code, § 6-120; Ord. 403, passed 5-27-71; Ord. 664, passed 4-11-85)