Chapter 5.48 MASSAGE ESTABLISHMENTS

Chapter 5.48
MASSAGE ESTABLISHMENTS

5.48.010 Purpose and intent.

5.48.020 Definitions.

5.48.030 Massage establishment license required.

5.48.040 Massage establishment license application fee.

5.48.050 Application for massage establishment license.

5.48.060 License investigation.

5.48.070 Renewal of massage establishment license.

5.48.080 Massage technician permit required.

5.48.090 Massage technician application fee.

5.48.100 Application for massage technician permit.

5.48.110 Renewal of license.

5.48.120 Massage technician trainee permit required.

5.48.130 Massage technician trainee application fee.

5.48.140 Massage establishment facilities and operations requirements.

5.48.150 Inspections of massage establishments.

5.48.160 Issuance of notice of violation.

5.48.170 Business name.

5.48.180 Business location change.

5.48.190 Sale or transfer of massage establishment interest.

5.48.200 Display of permits and licenses.

5.48.210 Records of treatment.

5.48.220 Revocation or suspension of license.

5.48.230 Revocation or suspension of massage technician or trainee permit.

5.48.240 Hearing by chief of police for revocation or suspension.

5.48.250 Right of appeal.

5.48.260 Injunctive relief.

5.48.270 Exemptions.

5.48.280 Violations and penalties.

5.48.010 Purpose and intent.

It is the purpose and intent of this chapter to provide for the orderly regulation of massage establishments in the interests of the public health, safety, and welfare by providing certain minimum building, sanitation, and operation standards for massage establishments, and by providing certain minimum qualifications for the owners and operators of massage establishments and for massage technicians and massage technician trainees. (Ord. 861 (part), 1976).

5.48.020 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 them in this section:

(1) "Health Officer" means the Sutter-Yuba health officer or his duly authorized representative.

(2) "License" means the license to operate a massage establishment as required by this chapter.

(3) "Massage" means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice.

(4) "Massage establishment" means any establishment having a fixed place of business or vehicle where, for any form of consideration or gratuity, any person engages in, conducts, carries on or permits to be engaged in, conducted, or carried on massages, or health treatments, either separately or in conjunction with the business of giving any Turkish, Russian, Swedish, vapor, sweat, electric, salt, shower, sponge or any other kind or character of baths.

(5) "Massage technician" or "massage technician trainee" means any person who administers massages, baths, or health treatments involving massages or baths to another person for any form of consideration or gratuity.

(6) "Out-call massage" means the engaging in or carrying on of massage for 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, by the customer or client, or by any other person.

(7) "Permit" means the permit to engage in the activities of a massage technician or a massage technician trainee as required by this chapter.

(8) "Person" means any individual, firm, association, partnership, corporation, joint venture, or combination of individuals.

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

(A) Teaches the theory, ethics, practice, profession, and work of massage; and

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

(C) Has been approved pursuant to Section 29025 of the Education Code of the state of California, or, if said school is not located in California, has complied with standards commensurate with those required in said Section 29025.

Any school or institution of learning offering or allowing correspondence course credit not requiring actual attendance at class, or courses of a massage technician not approved by the California State Department of Education shall not be deemed a "recognized school of massage." (Ord. 861 (part), 1976).

5.48.030 Massage establishment license required.

(a) It is unlawful for any person, as owner or operator, to engage in, conduct or carry on, within the city, the operation of a massage establishment without a license as required by this chapter. The license required shall be in addition to any general business license required by the city. Any license issued pursuant to this section shall be valid for one year from the date of issuance, unless it is suspended or revoked prior to that time.

(b) Within forty-five working days following receipt of a properly completed application, the chief of police shall grant a license to an applicant therefor who has satisfied the requirements of Sections 5.48.040, 5.48.050, and 5.48.140 of this chapter; however, the chief of police shall deny a license to the license applicant where:

(1) The establishment, as proposed by the license applicant, would not comply with all applicable laws including, but not limited to, the city’s building, zoning, and health regulations; or

(2) The license applicant has, within five 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 establishment, whether as a massage establishment owner or operator, or as a massage technician, or as a massage technician trainee, or of any felony the commission of which occurred on the premises of a massage establishment; or

(3) The license applicant has, within five years immediately preceding the date of filing of the application, had any massage establishment operators, technician or trainee license or permit, which was issued within the state of California revoked; or

(4) The license applicant has, within five years immediately preceding the date of filing of the application, been convicted in a court of competent jurisdiction of an offense involving conduct which requires registration under Section 290 of the California Penal Code, or of any violation of Sections 314, 315, 316, 318, or 647(a), (b) or (d) of the California Penal Code, or conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the state of California which is the equivalent of any of the offenses set out in this subdivision; or

(5) The license applicant has knowingly made a material misstatement in the application for the license.

(c) In the event of denial, notifications and reasons for denial shall be set forth in writing by the chief of police and shall be sent to the applicant by means of registered or certified mail or hand delivery. The applicant shall, at his election, have the right to receive a hearing before the city council pursuant to the provisions of Section 5.48.250 of this chapter. If such a hearing is not requested within ten days of the notice of denial by the chief of police, the denial shall be final. (Ord. 861 (part), 1976).

5.48.040 Massage establishment license application fee.

Any application for a massage establishment license shall be accompanied by a nonrefundable fee in an amount established by resolution of the council. The application fee shall be used to defray, in part, the costs of investigation and report, and is not made in lieu of any other fees or taxes required under this code. (Ord. 1127 § 1, 1991: Ord. 861 (part), 1976).

5.48.050 Application for massage establishment license.

(a) Any application for a massage establishment license shall be made with the chief of police.

(b) The application shall set forth the exact nature of the massage, bath, or health treatment to be administered, the proposed place of business and facilities therefor, and the name and address of each license applicant. The chief of police may request each license applicant to furnish fingerprints when needed for the purpose of establishing identification. The application shall also contain the following information:

(1) The previous addresses of each license applicant, if any, for a period of five years immediately prior to the date of the application and the dates of residence at each;

(2) Written proof that each license applicant is at least eighteen years of age;

(3) The history of each license applicant as to the operation of a massage establishment or similar business or occupation within five years immediately preceding the filing of the application. Such information shall include, but shall not be limited to, a statement as to whether or not such person, in previously operating a massage establishment under a permit or a license, has had such permit or license revoked or suspended, and the reasons therefor, and the business, activity or occupation each license applicant engaged in subsequent to such action of revocation or suspension;

(4) All criminal convictions within five years immediately preceding the filing of the application, of offenses related directly to the operation of a massage establishment whether as a massage establishment owner or operator or as a massage technician, or as a massage technician trainee; of felonies the commission of which occurred on the premises of a massage establishment; of offenses involving conduct which requires registration under Section 290 of the California Penal Code; of offenses constituting violations of Sections 314, 315, 316, 318, or 647(a), (b) or (d) of the California Penal Code, or attempts or conspiracy to commit any such offenses; of offenses committed in a jurisdiction outside of the state of California which are the equivalent of any of the offenses set out in this subdivision;

(5) Business, occupation, or employment history of each license applicant for the five years immediately preceding the date of the application;

(6) The name and address of each massage technician who is or will be employed in said establishment;

(7) Applicant’s height, weight, color of eyes and hair;

(8) Two prints of a recent passport size photograph of each license applicant;

(9) If the license applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, 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. Each stockholder owning, legally or beneficially, more than ten percent of the outstanding common stock of the corporation shall be deemed to be a license applicant for whom all information required by this section must be furnished;

(10) If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. Each partner shall be deemed to be a license applicant for whom all information required by this section must be furnished. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply;

(11) Such other identification and information as the chief of police deems necessary to discover the truth of the matters specified in this section as required to be set forth in the application. (Ord. 861 (part), 1976).

5.48.060 License investigation.

(a) Upon receipt of a complete application and fee, the chief of police shall have a reasonable time, not to exceed forty-five days, in which to verify the application information and to investigate the background of the applicant.

(b) The chief of police shall notify the planning, building, fire and health departments regarding the pending application. The notified departments, within the thirty days from the application date, shall inspect the premises proposed to be devoted to the massage establishments and shall make separate recommendations to the chief of police concerning compliance with the provisions of this chapter and with the other applicable provisions of state law and this code. (Ord. 861 (part), 1976).

5.48.070 Renewal of massage establishment license.

(a) If, on or before the forty-fifth day prior to the expiration date of a currently valid massage establishment license, the licensee applies for the renewal of said license, the chief of police shall grant such renewal provided he finds that all facts set forth on the original application are substantially the same; and provided that such application is accompanied by a nonrefundable fee in an amount established by resolution of the council.

(b) If all facts set forth on the original application are not substantially the same, the applicant for renewal shall comply with all the requirements set forth in this chapter for an initial application for a license. (Ord. 1127 § 2, 1991: Ord. 861 (part), 1976).

5.48.080 Massage technician permit required.

(a) It is unlawful for any person to act as a massage technician unless such person holds a valid permit issued by the chief of police. Any permit issued pursuant to this section shall be valid for one year from the date of issuance, unless it is suspended or revoked prior to that time.

(b) Within forty-five days following receipt of a properly completed application, the chief of police shall grant a permit to an applicant therefor who has satisfied the requirements of Section 5.48.090 of this chapter, however, the chief of police shall deny a permit to the permit applicant where:

(1) The permit applicant has, within five 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 establishment, whether as a massage technician or as a massage technician trainee, or of any felony the commission of which occurred on the premises of a massage establishment; or

(2) The permit applicant has, within five years immediately preceding the date of filing of the application, had any massage operator, technician or trainee license or permit revoked or suspended; or

(3) The permit applicant has, within five years immediately preceding the date of filing of the application, been convicted in a court of competent jurisdiction of an offense involving conduct which requires registration under Section 290 of the California Penal Code, or of any violation of Sections 314, 315, 316, 318, or 647(a), (b) or (d) of the California Penal Code, or conspiracy or attempt to commit any such offense, or any offense or attempt to commit any such offense, or any offense in a jurisdiction outside of the state of California which is the equivalent of any of the offenses set out in this subdivision; or

(4) The permit applicant has knowingly made a material misstatement in the application for the permit.

(c) In the event of denial, notifications and reasons for denial shall be set forth in writing by the chief of police and shall be sent to the applicant by means of registered or certified mail or hand delivery. The applicant shall, at his election, have the right to receive a hearing before the city council pursuant to the provisions of Section 5.48.250. If such a hearing is not requested within ten days of the notice of denial by the chief of police, the denial shall be final. (Ord. 861 (part), 1976).

5.48.090 Massage technician application fee.

Any application for a massage technician permit shall be accompanied by a nonrefundable fee in an amount established by resolution of the council. The application fee shall be used to defray, in part, the costs of investigation and report. Any person who applies for a massage establishment license and who desires to act as a massage technician within said establishment shall not be required to pay the fee required by this section, but shall be required to furnish the information required by Section 5.48.100. (Ord. 1127 § 3, 1991: Ord. 861 (part), 1976).

5.48.100 Application for massage technician permit.

(a) Any application for a massage technician permit shall be made with the chief of police.

(b) The chief of police may request the applicant to furnish fingerprints when needed for the purpose of establishing identification. The application shall also contain the following information:

(1) Name, residence address and telephone number;

(2) Social security number and driver’s license number, if any;

(3) Applicant’s weight, height, color of hair and eyes;

(4) Two prints of a recent passport size photograph of applicant;

(5) 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;

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

(7) Business, occupation or employment of the applicant for the five years immediately preceding the date of application and the addresses of all such places of business occupation or employment;

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

(9) All convictions within five years immediately preceding the filing of the application, of offenses related directly to the operation of a massage establishment, whether as a massage establishment owner or operator, or as a massage technician, or as a massage technician trainee; of felonies the commission of which occurred on the premises of a massage establishment; of offenses involving conduct which inquires registration under Section 290 of the California Penal Code; of offenses constituting violations of Section 314, 315, 316, 318, or 647(a), (b) or (d) of the California Penal Code, or attempt or conspiracy to commit any such offenses; of offenses committed in a jurisdiction outside of the state of California which are the equivalent of any of the offenses set out in this subdivision;

(10) A copy of a diploma or certificate of graduation from a recognized school of massage showing that such applicant or permittee has completed not less than one hundred hours of instruction;

(11) Whether any license to perform as a massage technician or trainee previously was ever denied the applicant or revoked and, if so, the circumstances of such denial or revocation. (Ord. 1086 § 1, 1989; Ord. 861 (part), 1976).

5.48.110 Renewal of license.

If, on or before the forty-fifth day prior to the expiration date of a currently valid massage technician permit, the licensee applies for the renewal of said permit, the chief of police shall grant such renewal provided that all facts set forth in the original application are substantially the same, and provided the applicant has furnished a certified statement from a medical doctor stating that the applicant, within thirty days immediately prior to filing his application, has been examined and found to be free from any contagious or communicable disease; and provided that such application is accompanied by a nonrefundable fee in an amount established by resolution of the council. If all facts set forth on the original application are not substantially the same the applicant for renewal shall comply with all the requirements set forth in this chapter for an initial application for a license. (Ord. 1127 § 4, 1991: Ord. 861 (part), 1976).

5.48.120 Massage technician trainee permit required.

(a) It is unlawful for any person to act as a massage technician unless such person holds a valid permit issued by the chief of police.

(b) Any person desiring to obtain a permit to act as a massage technician trainee shall make an application to the chief of police.

(c) Within forty-five working days following receipt of a completed application, the chief of police shall either issue the permit or mail a written statement of his reasons for denial thereof. If he takes neither action above, the permit shall be deemed to be issued. In the event of denial, notifications and reasons for denial shall be set forth in writing by the chief of police and shall be sent to the applicant by means of registers or certified mail or hand delivery. The applicant shall, at his election, have the right to receive a hearing before the city council pursuant to the provisions of Section 5.48.250. If such a hearing is not requested within ten days of the notice of denial by the chief of police, the denial shall be final.

(d) The permit applicant shall furnish the following information:

(1) Name, residence address and telephone number;

(2) Social Security number and driver’s license number, if any;

(3) Applicant’s weight, height, color of hair and eyes;

(4) Two prints of a recent passport size photograph of applicant;

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

(7) Business, occupation or employment of the applicant for the five years immediately preceding the date of application;

(9) All criminal convictions within five years immediately preceding the filing of the application, of offenses related directly to the operation of a massage establishment, whether as a massage establishment owner or operator, or as a massage technician, or as a massage technician trainee; of felonies the commission of which occurred on the premises of a massage establishment; of offenses involving conduct which requires registration under Section 290 of the California Penal Code; of offenses constituting violations of Sections 314, 315, 316, 318, or 647(a), (b) or (d) of the California Penal Code; or attempt or conspiracy to commit any such offenses; of offenses committed in a jurisdiction outside of the state of California which are the equivalent of any of the offenses set out in this subdivision;

(10) Written proof that the applicant is currently enrolled in a recognized school of massage; the date such applicant enrolled in such school; the date of graduation; that the applicant has completed at least fifty hours of instruction; and the date this instruction was completed;

(11) A letter signed by the owner or operator of a licensed massage establishment stating his immediate intent to employ the applicant to perform massage as a trainee working under the direct supervision and control of a massage technician who has been issued a permit under this chapter;

(12) Whether any permit to perform as a massage technician or trainee previously was ever denied the applicant or revoked and, if so, the circumstances of such denial or revocation.

(e) Except as provided in subsection (f) of this section, a massage technician trainee permit shall be issued to any applicant who has fulfilled the requirements of subsection (d) of this section.

(f) The chief of police shall deny a permit to the permit applicant where:

(1) The permit applicant has, within five 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 establishment, whether as a massage establishment owner or operator, or as a massage technician, or as a massage technician trainee, or of any felony the commission of which occurred on the premises of a massage establishment; or

(2) The permit applicant has, within five years immediately preceding the date of filing of the application, had any massage, operator, technician or trainee license or permit which was issued within the state of California revoked; or

(3) The permit applicant has, within five years immediately preceding the date of filing of the application, been convicted in a court of competent jurisdiction of an offense involving conduct which requires registration under Section 290 of the California Penal Code, or of any violation of Sections 314, 315, 316, 318, or 647(a), (b) or (d) of the California Penal Code, or conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the state of California which is the equivalent of any of the offenses set out in this subdivision; or

(4) The permit applicant has knowingly made a material misstatement in the application for the permit.

(g) The trainee permit shall allow the student to work in a massage establishment under the supervision and direction of and in the immediate presence of a massage technician who has received a permit issued pursuant to the provisions of this chapter; provided, however, that no licensed massage technician shall be permitted to supervise more than two persons who have been issued a trainee permit. The trainee permit shall expire ninety days from the date of issuance and shall not be renewed except as follows:

(1) Where good cause is shown to the chief of police by the applicant for such renewal. Good cause shall include, but not be limited to, physical illness or disability as evidenced by a certificate from a medical doctor;

(2) Where the applicant for such renewal has completed not less than seventy hours of instruction from a recognized school of massage during the effective period of the original trainee permit and desires to complete additional hours of instruction to enable the applicant to obtain a diploma or certificate of graduation from such school. Only one such renewal shall be granted pursuant to this subdivision.

(h) The trainee must at all times comply with the laws relating to massage establishments and the failure to comply may render the trainee ineligible to obtain a massage technician permit.

(i) Any massage technician trainee who, during the life of the trainee permit, completes the instruction required of a massage technician shall be issued a massage technician permit upon payment of the massage technician application fee. (Ord. 861 (part), 1976).

5.48.130 Massage technician trainee application fee.

Any application for a massage technician trainee permit shall be accompanied by a nonrefundable fee in an amount established by resolution of the council. The application fee shall be used to defray, in part, the costs of investigation and report. Any person who applies for a massage establishment license and who desires to act as a massage technician trainee within said establishment shall not be required to pay the fee required by this section, but shall be required to furnish the information required by Section 5.48.120. (Ord. 1127 § 5, 1991: Ord. 861 (part), 1976).

5.48.140 Massage establishment facilities and operations requirements.

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

(1) Adequate bathing, dressing, locker and toilet facilities shall be provided for patrons. A minimum of one tub or shower, one dressing room containing a separate locker for each patron to be served, which locker shall be capable of being locked by the patron and a minimum of one toilet and one wash basin shall be provided by every massage establishment; provided, however, that if male and female patrons are to served simultaneously at said establishment, a separate massage room or rooms, separate dressing facilities and separate toilet facilities shall be provided for male and female patrons. Further, in those establishments where steamrooms or sauna baths are provided, if male and female patrons are to be served simultaneously, separate steamrooms or sauna rooms shall be provided for male and female patrons.

(2) Cabinets or other covered 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.

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

(4) All lavatories or washbasins shall be provided with hot and cold running water, soap and single-service towels in wall-mounted dispensers.

(5) Minimum lighting shall be provided in accordance with the building codes of the city and, in addition, at least one artificial light of not less than sixty watts shall be provided in each room or enclosure where massage services are performed on patrons.

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

(7) All massage establishments shall be provided with clean and sanitary towels, sheets and linens in 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 into a sanitary receptacle.

(8) All walls, ceilings, floors, pools, showers, bathtubs, steamrooms, and all 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 or 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.

(9) 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 in a manner approved by the health officer.

(10) Pads used on massage tables shall be covered with durable, washable plastic or other acceptable waterproof material.

(11) To protect patrons from potential health and sanitary hazards, all employees, massage technicians and massage technician trainees shall be clean when performing services on the premises and shall be fully clothed with all outer garments worn by persons performing services on the premises being clean and sanitary.

(12) Each service offered, the price thereof, and the minimum length of time such service is performed shall be posted in a conspicuous public location in each massage establishment. All letters and numbers shall be capitals, and not less than one inch in height. No services shall be performed and no sums shall be charged for such services other than those posted.

(13) No massage establishment or any portion of a building in which the massage establishment is located shall be used for residential or sleeping purposes.

(14) No alcoholic beverages shall be sold, served, furnished, kept, or possessed on the premises of any massage establishment.

(15) No out-call massage service shall be performed unless authorized in writing by a physician, surgeon, chiropractor or osteopath duly licensed to practice in the state of California.

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

(17) Massage operations shall be carried on and the premises shall be open only between the hours of seven a.m. and twelve midnight.

(18) This section shall be construed to require minimum standards only and all other provisions of law pertaining to the operation of a massage establishment shall be fully applicable. (Ord. 861 (part), 1976).

5.48.150 Inspections of massage establishments.

Representatives of the city departments of building inspection, housing, fire, police and health shall have the right to enter the premises from time to time during regular business hours for the purposes of making reasonable inspections to enforce compliance with building, fire, electrical, mechanical, plumbing or health regulations. This shall not restrict or limit the right of entry vested in any law enforcement agency. Said city departments shall cause such inspections to be made at least twice a year. (Ord. 861 (part), 1976).

5.48.160 Issuance of notice of violation.

Whenever any official, in making an inspection of a massage establishment pursuant to Section 5.48.150, finds that any provision of this chapter has been violated, he shall give notice of such violation by means of an inspection report or other written notice. Any such notification shall:

(1) Set forth the specific violation or violations found;

(2) Establish a specific and reasonable period of time for the correction of the violation or violations, unless any such violation constitutes an imminent danger to the health and safety of patrons of the massage establishment, in which case the violation shall be corrected immediately or the massage establishment closed pending such correction. If it is determined that the violation or violations are minor in nature, the official noting such violation or violations 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;

(3) State that failure to comply with any notice issued in accordance with the provisions of this chapter may result in the chief of police filing a complaint for revocation or suspension of the license or permit. (Ord. 861 (part), 1976).

5.48.170 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. 861 (part), 1976).

5.48.180 Business location change.

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 of fifty dollars to defray, in part, the costs of investigation and report, has been paid to the city. (Ord. 861 (part), 1976).

5.48.190 Sale or transfer of massage establishment interest.

Upon the sale or transfer of any interest in a massage establishment, the license for that establishment shall be null and void. A new application shall be made by any person desiring to own or operate the massage establishment. (Ord. 861 (part), 1976).

5.48.200 Display of permits and licenses.

The licensee shall display the massage establishment license and the permit of each and every massage technician or massage technician trainee employed in the establishment in an open and conspicuous place on the premises. Passport size photographs of the licensee and permittee shall be affixed to the respective license and permits on display pursuant to this section. Home addresses of licensee and permittee need not be displayed. (Ord. 861 (part), 1976).

5.48.210 Records of treatment.

Every person operating a massage establishment under a license issued pursuant to this chapter shall keep a record of the date and hour of each treatment, the names and addresses of the patron, and the name of the massage technician administering such treatment. Said record 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 officer or employee of the city constitutes a misdemeanor and such officer or employee shall be subject to the penalty provisions of this code, in addition to any other penalties provided by law. Said records shall be maintained for a period of two years. (Ord. 861 (part), 1976).

5.48.220 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:

(1) The licensee has violated any provision of this chapter; or

(2) The licensee has been convicted in a court of competent jurisdiction of an offense involving conduct which requires registration under Section 290 of the California Penal Code, or of any violation of Sections 314, 315, 316, 318 or 647(a), (b) or (d) of the California Penal Code, or conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the state of California which is the equivalent of any of the offenses set out in this subsection; or

(3) The licensee has failed to comply with one or more of the facilities and operations requirements of Section 5.48.140; or

(4) The licensee has engaged in fraud, misrepresentation, or false statement in conducting the massage establishment; or

(5) The licensee has been convicted in a court of competent jurisdiction of 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 as a massage technician trainee; or of any felony the commission of which occurred on the premises of a massage establishment; or

(6) The licensee has failed to correct a violation found pursuant to Section 5.48.160; or

(7) The licensee has continued to operate the massage establishment after the license has been suspended; or

(8) The licensee has allowed a person to work as a massage technician or trainee who:

(A) Does not have a valid permit; or

(B) Has been convicted of any offense described in subsections (2) or (5) of this section, where the licensee has actual or constructive knowledge of such conviction. (Ord. 861 (part), 1976).

5.48.230 Revocation or suspension of massage technician or trainee permit.

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

(1) The permittee has violated any provision of this chapter; or

(2) The permittee has been convicted in a court of competent jurisdiction of an offense involving conduct which requires registration under Section 290 of the California Penal Code, or of any violation of Sections 314, 315, 316, 318 or 647(a), (b) or (d) of the California Penal Code, or conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the state of California which is the equivalent of any of the offenses set out in this subsection; or

(3) The permittee has been convicted in a court of competent jurisdiction of any offense directly related to the permittee’s employment or performance as a massage technician or massage technician trainee; or of any felony the commission of which occurred on the premises of a massage establishment; or

(4) The permittee has continued to function as a massage technician or trainee after the permit has been suspended; or

(5) The permittee has failed to correct a violation found pursuant to Section 5.48.160. (Ord. 861 (part), 1976).

5.48.240 Hearing by chief of police for revocation or suspension.

(a) The chief of police, before revoking or suspending any license or permit, shall give the licensee or permittee at least ten days’ written notice of the alleged grounds for revocation or suspension and shall conduct a hearing in the matter of whether the license or permit shall be revoked or suspended. The hearing shall be conducted at least ten days from the date of the written notice.

(b) The chief of police shall consider all evidence at the hearing. The hearing may, after being commenced within the time specified pursuant to subsection (a) of this section, be continued for good cause by the chief of police from time to time.

(c) The chief of police shall, at the conclusion of the hearing, make findings of fact based upon the evidence submitted and shall decide whether or not the license or permit shall be revoked or suspended. Notice of the decision shall be given to the licensee or permittee within three days of the conclusion of the hearing. (Ord. 861 (part), 1976).

5.48.250 Right of appeal.

Within ten days after receipt of the decision of the chief of police, any party affected by the decision may file with the city clerk a written request for a public hearing before the city council. Upon the filing of such a request, the city clerk shall, within fourteen days thereafter, set the matter for a hearing and shall notify the appellant of the date, time and place of such hearing at least five days before the hearing date. At the hearing, any person may present evidence in opposition to, or in support of, the appellant’s case. At the conclusion of the hearing, the city council shall either grant or deny the appeal and the decision of the city council shall be final. (Ord. 861 (part), 1976).

5.48.260 Injunctive relief.

In addition to the legal remedies provided for in this code, the operation of any massage establishment in violation of the terms of this chapter shall be deemed a public nuisance and may be enjoined by the city. (Ord. 861 (part), 1976).

5.48.270 Exemptions.

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

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

(2) Nurses licensed under the laws of the state of California;

(3) Trainers of any amateur, semiprofessional or professional athlete or athletic team;

(4) Barbers and beauticians who are duly licensed under the laws of the state of California;

(5) Persons employed in establishments operated by a registered physical therapist, a registered occupational therapist, or any other registered therapists licensed to practice in the state of California;

(6) Persons employed in hospitals, skilled nursing facilities and intermediate care facilities licensed by the California State Department of Health and residential or community care facilities licensed by the state of California;

(7) Persons working in an establishment of a barber or beautician who is duly licensed under the laws of the State of California’s Board of Cosmetology and while providing services relating to and a part of the services provided by that business. (Ord. 1225, 1997; Ord. 861 (part), 1976).

5.48.280 Violations and penalties.

(a) It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction and upon conviction thereof is punishable by a fine of two hundred fifty dollars.

(b) Each and every violation of any provisions of this chapter shall be deemed to be a separate offense and shall be punishable as provided in this section. (Ord. 1247 (part), 1999; Ord. 1160 § 8, 1993).