Chapter 5.56
MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS

Sections:

5.56.010    Purpose and intent.

5.56.020    Definitions.

5.56.030    Outcall massage prohibited.

5.56.040    Compliance of existing establishments and massage technicians with provisions required.

5.56.050    Exceptions.

5.56.060    Massage establishment—License—Required.

5.56.070    Massage establishment—License—Application—Contents.

5.56.080    Massage establishment—License—Application—Fee Relocation.

5.56.090    Massage establishment—License—Grounds for denial.

5.56.100    Massage technician—Permit—Required.

5.56.110    Massage technician—Permit—Application—Contents.

5.56.120    Massage technician—Permit—Application—Fee—Relocation.

5.56.130    Massage technician—Permit—Grounds for denial.

5.56.140    Massage establishment—Facilities and operations requirements.

5.56.150    Massage establishment—Record keeping requirements.

5.56.160    Massage establishment—Business name.

5.56.170    Massage establishment—Change of location application and fee.

5.56.180    Massage establishment—Sale or transfer of interest.

5.56.190    Display of permits and licenses required.

5.56.200    Investigation by officials—Authority.

5.56.210    Investigation by officials—Report.

5.56.220    Notice of violation—Issuance Contents.

5.56.230    Massage establishment—Revocation or suspension of license.

5.56.240    Massage technician—Revocation or suspension of permit.

5.56.250    Appeals—Hearing.

5.56.010 Purpose and intent.

It is the purpose and intent of this chapter to provide for the orderly regulation of massage establishments and massage technicians, as defined in Section 5.56.020, in the interest of the public health, safety and welfare by providing certain minimum building, sanitation and health standards for massage establishments, and by providing certain minimum qualifications for the operators of massage establishments and for massage technicians.

(Ord. 1002 § 1 (part), 1984: prior code § 4900)

5.56.020 Definitions.

For the purpose of this chapter, unless the context clearly requires a different meaning, the words, terms and phrases hereinafter set forth shall have the meanings given in this section:

A. “License” means the business license to operate a massage establishment as required by this chapter.

B. “Massage” 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.

C. “Massage establishment” means any establishment having a fixed place of business where any individual, firm, association, partnership, corporation, joint venture, or combination of individuals engages in, conducts, carries on or permits to be engaged in, conducted or carried on, massages, baths, or health treatment involving massage or baths as the principal functions. Massage establishment also means and includes any school or institution of learning, which teaches the theory, ethics, practice, profession or work of massage, including, but not limited to, a “recognized school of massage” as defined in subsection H of this section.

D. “Massage technician” means any person who administers massages, baths, or health treatments involving massages or baths as a principal function to another person for any consideration whatsoever or under such circumstances that it is reasonably expected that the person to whom the treatment is provided, or some third person on his or her behalf, will pay money or give any other consideration of gratuity therefor.

E. “Outcall massage” means the engaging in or carrying on of massage for any consideration at a location other than a massage establishment, which location is designated by a person to whom a permit or license has been issued pursuant to this chapter, or by the customer or client, or by any other person.

F. “Permit” means the permit to engage in the activities of a massage technician as required by this chapter.

G. “Person” means any individual, firm, association, partnership, corporation, joint venture, or combination of individuals.

H. “Recognized school of massage” means any school or institution of learning which teaches the theory, ethics, practice, profession or work of massage, which school or institution of learning requires a residence course study of not fewer than two hundred hours, at least one hundred of which must be class hours completed within a consecutive four-month period and the remainder, if any, must be actual massage hours supervised by a certified massage instructor completed within a consecutive twelve-month period; provided, that the entire study program must be completed within an eighteen-month period before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning, and which school -has-been approved pursuant to California Education Code Section 94300 et seq., or if the school is not located in California, has complied with standards commensurate with those required in said Section 94300 et seq. Any school or institution of learning offering or allowing correspondence course credit not requiring actual attendance at class, of courses of a massage technician not approved by the California State Department of Education, shall not be deemed a “recognized school of massage.”

(Ord. 1002 § 1 (part), 1984: prior code § 4901)

5.56.030 Outcall massage prohibited.

It is unlawful for any person to engage in, perform, conduct or carry on, or to permit to be engaged in, performed, conducted or carried on, outcall massage or baths or health treatments involving massage or baths for any consideration or under such circumstances that it is reasonably expected that the person for whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or gratuity therefor at any hotel, motel, or other residential structure or facility designed and operated primarily for transient occupancy unless such outcall massage service shall first be authorized in writing by a physician, surgeon, chiropractor, or osteopath duly licensed to practice in the state. It is unlawful to operate an outcall massage service by use of a telephone answering device.

(Ord. 1002 § 1 (part), 1984: prior code § 4904)

5.56.040 Compliance of existing establishments and massage technicians with provisions required.

A. All massage establishments lawfully in operation on the effective date of this chapter shall within sixty days of said date apply to the chief of police for determination as to compliance with the provisions of this section. The application shall be in such form as prescribed by the chief of police.

B. Any massage establishment legally existing on the effective date of this chapter and which is not in compliance with the provisions of this chapter shall comply with said provisions within two years of the effective date of this chapter.

C. Any massage establishment lawfully in operation upon the effective date of this chapter which fails to comply with the provisions of this section shall be issued a limited term license in lieu of its current license, containing a statement on its face reciting such noncompliance and the date by which compliance must be accomplished, and that said license shall not be renewed beyond said date.

D. Any massage technician lawfully performing massage on the effective date of this chapter and who is not in compliance with the provisions of this chapter shall comply with said provisions within six months of the effective date of this chapter.

(Ord. 1002 § 1 (part), 1984: prior code § 4913)

5.56.050 Exceptions.

This chapter shall not apply to the following classes of individuals while engaged in the performance of the duties of their respective professions:

A. Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duly licensed to practice their respective professions in the state;

B. Nurses registered under the laws of the state;

C. Trainers of any amateur, semiprofessional or professional athlete or bona fide athletic team;

D. Barbers and beauticians who are duly licensed under the laws of the state.

(Ord. 1002 § 1 (part, 1984: prior code § 4905)

5.56.060 Massage establishment—License—Required.

It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city, the business of a massage establishment without the license required by this chapter.

(Ord. 1002 § 1 (part), 1984: prior code § 4902)

5.56.070 Massage establishment—License—Application—Contents.

A. Any application for a license to operate a massage establishment shall be made with the chief of police. Within thirty working days following receipt of a completed application, the chief of police shall either issue the license or deny the application with a written statement of the reasons for the denial.

B. The application shall set forth the following information:

1. The full name and present address of the applicant;

2. Any and all names the applicant has previously used or been known by;

3. The previous addresses of the applicant, if any, for the period of three years immediately prior to the date of the application and the dates of the residence at each;

4. Written proof that the applicant is at least eighteen years of age;

5. Applicant’s height, weight, color of eyes and hair;

6. Two recent color passport size photographs of the applicant taken within ninety days prior to the date of application;

7. Business, occupation or employment history of the applicant for the three years immediately preceding the date of application;

8. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of corporation, together with the names and residence addresses of each of its officers, directors, and each stockholder holding more than five percent of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate application shall apply;

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

10. The exact nature of the massage, bath or health treatment to be administered;

11. The proposed place of business;

12. All criminal convictions;

13. Whether the applicant is required to register under the provisions of Section 290 of the California Penal Code;

14. Whether the applicant, including a corporation or partnership, or a former employer of the applicant while still employed, or a building in which the applicant was so employed or a business conducted, was ever subjected to an abatement proceeding under Sections 1122511235 of the California Penal Code, or any similar provisions of law under a jurisdiction outside the state, and the date(s) thereof;

15. The names, dates of birth, the residence addresses of all persons currently employed or intended to be employed in the massage establishment, regardless of the nature of their employment, along with a description of the proposed or actual nature of the work performed or to be performed, and recent color passport size photographs, acceptable to the chief of police, or designated representative processing the application, of each such employee. The chief of police may require any such employee to allow fingerprints to be taken for the purpose of identification. The applicant shall notify the city in writing of the names, addresses and nature of the work, of any new employees, within five days of such employment, and provide the photographs described in this subsection. Such new employees shall allow fingerprints to be taken for the purpose of identification upon request. “Employee” includes every owner, partner, manager, supervisor and worker, whether paid or not, who renders personal services of any nature in the operation of a massage establishment;

16. Such other identification and information the police department may require in order to verify information in the application;

17. Nothing herein shall be construed to deny the chief of police or the police department the right to take fingerprints and additional photographs of the applicant, nor shall anything contained herein be construed to deny the right of the chief or the department to confirm the height, weight or date of birth of the applicant.

(Ord. 1002 § 1 (part), 1984: prior code § 4908)

5.56.080 Massage establishment—License—Application—Fee Relocation.

A. Any application for a license to operate a massage establishment shall be accompanied by a fee as set by resolution of the council. The application fee shall be used to defray in whole or in part, the cost of the investigation and report by the chief of police, and is not made in lieu of any other fees or taxes required under this code. In addition, the applicant shall also pay all applicable fees to the county health officer according to the rate schedule of the county then in effect, and to the state all applicable fees necessary for the processing of applicant information.

B. A license to operate a massage establishment shall remain valid as long as the license holder maintains a continual business operation as evidenced by the possession of a valid business tax certificate. Each license holder shall be required to submit a copy of their valid business tax certificate by mail to the Police Department by September 30 of each fiscal year. Failure to renew the business tax certificate by September 30 shall cause the massage establishment license to become invalid and the license holder must complete a new massage license application accompanied by a fee as set by resolution of the council. If a licensed establishment relocates or opens an additional business location, an application for such purpose shall be required and accompanied by an administrative fee as set by resolution of the council.

(Ord. 1002 § 1 (part), 1984: prior code § 4907; Ord. 1317 § 1, 1997)

5.56.090 Massage establishment—License—Grounds for denial.

Any person engaged in, conducting, or carrying on the operation of a massage establishment, in or upon any premises within the city, shall first obtain a license from the city. A massage establishment license shall be issued to any person who has complied with the requirements of Sections 5.66.070 and 5.56.080, and all other applicable provisions of this code unless grounds for denial of such license are found to exist. The grounds or denial are as follows:

A. The applicant made a material misstatement in the application for license;

B. The applicant has, within five years immediately preceding the date of the filing of the application, been convicted in a court of competent jurisdiction of:

1. Any offense which relates directly to the operation of a massage establishment, whether as a massage establishment owner or operator, or as a massage technician; or

2. Any felony the commission of which occurred on the premises of a massage establishment; or

3. An offense which involved conduct which required registration under California Penal Code Section 290; or

4. Any violation of Section 2661, Sections 311311.7, 313.1, 314, 316, 316, 318 or 647(a), 647(b), 647(d), or 647(h) of the California Penal Code or of any offense involving theft of property or violence, or conspiracy or attempt to commit any such offense; or

5. Any felony offense involving the sale of a controlled substance specified in Section 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety Code; or

6. Any offense in a jurisdiction outside the state which is the equivalent of any of the aforesaid offenses;

C. The applicant, any officers, director or any holder of more than five percent of the stock of any corporate applicant, or any partner, including, limited partners, of any partnership applicant, has, within five years immediately preceding the date of the filing of the application, been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Sections 1122511235 of the California Penal Code, or any similar provisions of law in a jurisdiction outside the state; or

D. That the operation of a massage establishment, as proposed by the applicant if permitted, would not comply with all applicable laws, including, but not limited to, all city ordinances and regulations;

E. That the operation of the proposed massage establishment is likely to be injurious to the health, safety, welfare and interest of the people of the city;

F. That the applicant is lacking in the background and qualifications to conduct a bona fide massage establishment; or

G. That the applicant has violated any provision of this chapter, or of any similar ordinance, law, rule or regulation of another public agency which regulates the operation of massage establishments.

(Ord. 1002 § 1 (part), 1984: prior code § 4906)

5.56.100 Massage technician—Permit—Required.

It is unlawful for any person to act as a massage technician unless such person has a valid permit issued by the chief of police as required by this chapter.

(Ord. 1002 § 1 (part), 1984: prior code § 4903)

5.56.110 Massage technician—Permit—Application—Contents.

Any application for permit to act as massage technician shall be made with the chief of police. Within thirty working days following receipt of a completed application the chief of police shall either issue the permit or mail a written statement of his or her reasons for denial thereof. The chief of police may request the applicant to furnish fingerprints, when needed for the purpose of establishing identification. The applicant shall furnish the following information:

A. Name, residence address and telephone number;

B. Social security number and drivers license number, if any;

C. Applicant’s weight, height, color of hair and eyes, and date of birth;

D. Two prints of a passport size photograph of applicant taken within thirty days prior to the date of application;

E. Certificate from a medical doctor stating that the applicant has, within thirty days immediately prior to the filing of the application, been examined and found to be free from any contagious or communicable disease;

F. Written evidence that the applicant is at least eighteen years of age;

G. Business, occupation or employment history of the applicant for the three years immediately preceding the date of application;

H. The name and address of the establishment where the applicant is to be employed, if any, and the name of the owner or the operator of same. Any applicant granted a permit pursuant to this section must report any change of massage establishment employment within five days of said change;

I. The name and address of the recognized school of massage attended, and a copy of the diploma or certificate of graduation from a recognized school of massage showing that such applicant or permittee has completed at least two hundred class hours or one hundred class hours and one hundred actual massage hours supervised by persons authorized or certified to provide instruction and/or supervision of massage;

J. All criminal convictions;

K. Whether the applicant is required to register under the provisions of Section 290 of the California Penal Code;

L. Whether the applicant, including any officer, director or any shareholder holding more than five percent of the stock of the corporate applicant or any partner, including limited partners, or any partnership applicant, corporation or partnership, or a former employer of the applicant while so employed, or a building in which the applicant was so employed or a business conducted, was ever subject to an abatement proceeding under Sections 1122511235 of the California Penal Code or any similar provisions of law in a jurisdiction outside the state.

(Ord. 1002 § 1 (part), 1984: prior code § 4911)

5.56.120 Massage technician—Permit—Application—Fee—Relocation.

A. Any application for a massage technician permit shall be accompanied by a fee as set by resolution of the council. The application fee shall be used to defray, in whole or in part, the city, county, and/or state costs of investigation and report. Any person who applied for a massage establishment license and who desires to act as a massage technician within the establishment shall not be required to pay the fee required by this section, but shall be required to provide the information required by Section 5.56.110.

B. A massage technician permit shall remain valid as long as the permit holder maintains continual employment as evidenced by the possession of a valid business tax certificate. Each permit holder shall be required to submit a copy of their valid business tax certificate by mail to the Police Department by September 30 of each fiscal year. Failure to renew the business tax certificate by September 30 shall cause the massage technician permit to become invalid and the technician must complete a new massage technician permit application accompanied by a fee as set by resolution of the council. If a licensed technician relocates to a business location requiring a facility inspection, an application for address change shall be required and accompanied by an administrative fee as set by resolution of the council. (Ord. 1002 § 1 (part 1984: prior code § 4910; Ord. 1317 § 2, 1997)

5.56.130 Massage technician—Permit—Grounds for denial.

Any person acting or desiring to act as a massage technician within the city shall first obtain a valid permit issued by the chief of police. A massage technician permit shall be issued to any person who has complied with the requirements of Section 5.56.110 and 5.56.120 and all other applicable provisions of this code, unless grounds for denial of such permit are found to exist. The grounds for denial are as follows:

A. The applicant made a material misstatement in the application for a license;

B. The applicant has, within five years immediately preceding the date of the filing of the application, been convicted in a court of competent jurisdiction of:

1. Any offense which relates directly to the operation of a massage establishment, whether as a massage establishment owner or operator or as a massage technician; or

2. Any felony the commission of which occurred on the premises of a massage establishment: or

3. An offense which involved conduct which required registration under California Penal Code Section 290; or

4. Any violation of Section 2661, Sections 311311.7, 313.1, 314, 315, 316, 318 or 647(a), 647(b), 647(d) or 647(h) of the California Penal Code or of any offense involving theft of property or violence, or conspiracy or attempt to commit any such offense; or

5. Any felony offense involving the sale of a controlled substance specified in Sections 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety Code; or

6. Any offense in a jurisdiction outside the state which is the equivalent of any of the aforesaid offenses;

C. The applicant, or any persons employed by the applicant has, within ten years immediately preceding the date of the filing of the application, been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Sections 1122511235 of the California Penal Code, or any similar provisions of law in a jurisdiction outside the state: or

D. That the applicant has violated any provision of this chapter, or of any similar ordinance, law, rule or regulation of another public agency which regulates the operation of massage establishments:

E. That the applicant has not provided proof of graduation from a recognized school of massage. The chief of police is authorized to determine whether minor variations from this requirement, with respect to a particular applicant, are insignificant and find that the applicant has substantially complied with the basic education requirement so as to satisfy this provision. (Ord. 1002 § 1 (part), 1984: prior code § 4909)

5.56.140 Massage establishment—Facilities and operations requirements.

All massage establishments shall comply with the following facilities and operation requirements:

A. Massage establishments shall comply with all code requirements;

B. Closed cabinets or other cupboard space shall be provided for the storage of clean linen. Approved receptacles shall be provided for the storage of all soiled linen and paper towels;

C. The walls in all rooms where water or steam baths are given shall have a washable, mold-resistant surface;

D. All lavatories or washbasins shall be provided with running water, disinfectant, soap and single service towels;

e. Security deposit facilities capable of being locked by the patron or a security bag that may be carried by the patron shall be available for the protection of the valuables of the patrons;

F. Every portion of a massage establishment including appliances, apparatus and personnel, shall be kept clean and operated in a sanitary condition;

G. All massage establishments shall be equipped with clean and sanitary towels, sheets and linens of sufficient quantity. Towels, sheets and linens shall not be used by more than one person Reuse of such linen is prohibited unless the same has first been laundered Heavy white paper may be substituted for sheets: provided, that such paper is used once for each person and then discarded in a sanitary receptacle;

H. All walls, ceilings, floors, pools, showers, bathtubs, steamrooms and other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam and vapor rooms, or steam or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned and disinfected each day the business is in operation. Bathtubs shall be thoroughly cleaned and disinfected after each use;

1. Disinfecting agents and sterilizing equipment shall be provided for any instruments used in performing acts of massage and said instruments shall be disinfected and sterilized after each use;

J. Pads used on massage tables shall be covered with durable, washable plastic or other acceptable waterproof material;

K. To protect patrons from potential health and sanitary hazards, all employees, and massage technicians shall be clean and shall wear clean outer garments when performing services on the premises, No massage technician shall, in the course of administering any massage, bath or health treatment, expose his or her genitals or private parts, No massage technician shall, in the course of administering any massage, bath or health treatment, make physical contact with the genitals or private parts of any other person;

L. A listing of each service offered, the price thereof, and the minimum length of time such service shall be performed shall be made available on request, No services shall be performed and no sum shall be charged for any services other than those listed, Arrangements shall be made for all services prior to the performance of any service. No massage technician shall solicit or offer to perform for any patron any additional service after such technician has commenced the performance of any service for such patron;

M. No alcoholic beverages shall be sold, served or furnished on the premises of any massage establishment:

O. No massage establishment shall be open for business between the hours of ten-thirty p.m. of one day and seven a.m. of the following day;

P. Minimum lighting shall be provided in accordance with the Uniform Building Code, and in addition, at least one artificial light of not less than forty watts shall be provided in each room or enclosure when massage is performed on patrons:

Q. Minimum ventilation shall be provided in accordance with the Uniform Building Code;

R. No massage establishment shall be allowed in any district where residential use is the principal permitted use unless having first qualified for and obtained a home occupation permit;

S. Proof of compliance with all applicable provisions of this code shall be provided, (Ord, 1002 § 1 (part), 1984: prior code § 4912)

5.56.150 Massage establishment—Record keeping requirements.

Every person operating a massage establishment within the city shall keep a record of the date and hour of each treatment, the name and address of the patron, the address of the place where the service was rendered, and the name of the technician administering such treatment, The records shall be open to inspection by officials charged with the enforcement of these provisions for the purposes of law enforcement and for no other purpose. The information furnished or secured as a result of any such inspection shall be confidential. Any unauthorized disclosure or use of such information by any city officer or employee shall be subject to the penalty provisions of this chapter, in addition to any other penalties provided by law. Identical records shall be kept of all outcall massage treatments which may be rendered as set forth in Section 5.56.030 and in addition, shall describe the address where the treatment was rendered and retain a copy of any applicable prescription or other written authorization. The records required by this section shall be maintained for a period of two years. (Ord. 1002 § 1 (part), 1984: prior code § 4924)

5.56.160 Massage establishment—Business name.

No person licensed to operate a massage establishment shall operate under any name or conduct business under any designation not specified in the license. (Ord. 1002 § 1 (part), 1984: prior code § 4914)

5.56.170 Massage establishment—Change of location application and fee.

Upon a change of location of a massage establishment, an application to the chief of police shall be made, and such application shall be granted, provided all applicable provisions of this code are complied with and a change of location fee as set by resolution of the council to defray, in whole or in part, the cost of investigation and report, has been paid to the city. (Ord. 1002 § 1 (part), 1984: prior code § 4915)

5.56.180 Massage establishment—Sale or transfer of interest.

The sale or transfer of any interest in a massage establishment which interest would be reported as required in this chapter upon application for a massage establishment license, shall be reported to the chief of police within ten days of such sale or transfer. The chief of police shall investigate any person receiving any interest in a massage establishment as a result of such sale or transfer and if such person satisfies the requirements relating to massage establishment license applicants the existing license shall be endorsed to include such person. A fee established by resolution of the council shall be paid to the city for the investigation by the chief of police necessitated by each such sale or transfer. Any such establishment which intends to in any way transfer ownership or alter or change the nature of any such massage establishment on or after the effective date of this chapter shall comply with the provisions of this chapter prior to such transfer, alteration or change. (Ord. 1002 § 1 (part). 1984: prior code § 4916)

5.56.190 Display of permits and licenses required.

The owner or operator of a massage establishment shall display the massage establishment license and the permit of each and every massage technician employed in the establishment in an open and conspicuous place on the premises. Passport size photographs of the licensee and permittees shall be affixed to the respective license and permits on display pursuant to this section. Home addresses of massage technicians shall not be displayed. (Ord. 1002 § 1 (part). 1984: prior code § 4917)

5.56.200 Investigation by officials—Authority.

Any and all investigating officials of the city shall have the right to enter massage establishments from time to time during regular business hours to make reasonable inspections, to observe and enforce compliance with building, fire, electrical, plumbing, or health regulations, or other provisions of this chapter. A warrant shall be obtained whenever required by law. (Ord. 1002 § 1 (part), 1984: prior code § 4918)

5.56.210 Investigation by officials—Report.

Whenever any investigating official of the city makes an inspection of a massage establishment he or she shall record his or her findings on an inspection report and shall give notice of his or her findings by furnishing a copy of the inspection report to the licensee or permittee. (Ord. 1002 § 1 (part), 1984: prior code § 4919)

5.56.220 Notice of violation—Issuance Contents.

Whenever any investigating official of the city makes an inspection of a massage establishment and finds that any provision of this chapter has been violated, he or she shall give notice of such violation by means of an inspection report or other written notice. In any such notification, the investigating official shall:

A. Set forth the specific violation or violations found:

B. Establish a specific and reasonable period of time for the correction of the violation or violations. If the investigating official determines that the violation or violations are minor in nature, the investigating official may issue a warning to the licensee or permittee, that any further violation of this chapter may result in the filing of a complaint for revocation or suspension of the license or permit;

C. State that failure to comply with any notice issued in accordance with the provisions of this chapter may result in the city revoking or suspending the license or permit. (Ord. 1002 § 1 (part). 1984: prior code § 4920)

5.56.230 Massage establishment—Revocation or suspension of license.

Any license issued for a massage establishment may be revoked or suspended by the chief of police where it is found that:

A. The licensee has violated any provision of this chapter: or

B. The licensee has failed to comply with one or more of the facility and operations requirements of Section 5.56.140; or

C. The licensee has engaged in fraud, misrepresentation or false statement in conducting the massage establishment: or

D. The licensee has failed to correct a violation after notice to do so pursuant to Section 5.56.720: or

E. The licensee has continued to operate the massage establishment after the license has been suspended: or

F. The licensee has allowed a person to work as a massage technician who:

1. Does not have a valid permit: or

2. Has engaged in conduct or has been convicted of any offense described in subsections B and C of Section 5.56.090 where the licensee has active or constructive knowledge of such conduct or conviction: or

G. Licensee is a person who is engaged in conduct or has been convicted of an offense described in subsections B and C of Section 5.56.090. (Ord. 1002 § 1 (part).1984: prior code § 4921)

5.56.240 Massage technician—Revocation or suspension of permit.

Any massage technician permit may be revoked or suspended by the chief of police where it is found that:

A. The permittee has violated any provision of this chapter: or

B. The permittee is a person who has engaged in conduct described in subsections B or C of Section 5.56.090; or

C. The permittee has engaged in conduct which would constitute an offense which relates directly to the permittee’s employment or performance as a massage technician or has engaged in conduct which would constitute a felony, the commission of which occurred on the premises of a massage establishment; or has been convicted by a court of competent jurisdiction of any such offense or felony; or

D. The permittee has continued to function as a massage technician after the permit has been suspended: or

E. The permittee has failed to correct a violation found pursuant to Section 5.56.220. (Ord. 1002 § 1 (part). 1984: prior code § 4922)

5.56.250 Appeals—Hearing.

In the event a permit or license application has been denied, the applicant may appeal to the council pursuant to the procedures set forth in Chapter 1.20 of this code. Any licensee or permittee whose license or permit has been suspended or revoked may appeal to the council pursuant to the procedure set forth in Chapter 1.20 of this code. (Ord. 1002 § 1 (part). 1984: prior code § 4923)