[1]
Editor's Note: Prior ordinance history includes portions of
1958 Code §§ 21.40 — 21.59 and Ordinance
Nos. 73-05, 87-018, 91-05, 97-05 and 97-010.
[Ord. #09-05, § 1]
In enacting these regulations the City recognizes that massage
is a viable professional field offering the public valuable health
and therapeutic services, including, but not limited to, massage,
bodywork, and somatic therapies.
It is the purpose and intent of the City that the operation
of massage establishments and persons offering massage be regulated
in the interests of public health, safety, and welfare to provide
minimum building sanitation and health standards, to ensure that persons
offering massage possess the minimum qualifications necessary to operate
such businesses and to perform such services offered, and to ensure
that those offering massage services conduct their work in a lawful
and professional manner.
[Ord. #09-05, § 1]
As used in this section:
Shall mean any person who applies for a permit and business
license as required by this section.
Shall mean any person, other than a massage technician, who
renders any service to the permittee, who receives compensation or
any consideration directly or indirectly from the permittee, and who
has no physical contact with permittee's customers or clients.
Shall mean the treatment of the human body by soft tissue
manipulation using a variety of manipulative techniques, which may
include any method of pressure on, friction against, 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
or 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.
This may include body/mind/spirit integration, personal growth, physical
or emotional relaxation and the relief of somatic pain or dysfunction.
Massage includes acupressure, bodywork and somatic therapies.
Shall mean any business establishment having a fixed place
of business wherein the principal function of the business to provide
massage services, in that massage is given, engaged in or carried
on, or permitted to be given, engaged in or carried on. Any establishment
engaged in or carrying on, or permitting any combination of massage
and bath house shall be deemed a massage establishment.
Shall mean any person, including a trainee (an individual
enrolled in a "recognized school of massage"), and whether paid by
fixed salary or who is an independent contractor, who administers
to another person, for any form of consideration, a bath, massage
manipulation of the body, electric vibration, magnetic stimulation
or similar procedure.
Shall mean any business, not licensed as a massage establishment
under provisions of this section wherein a principal function is such
that massage is given, engaged in or carried on or permitted to be
given, engaged in or carried on not at a fixed location but at a location
designated by the permittee, massage technician, customer or client.
Shall mean any individual, copartnership, firm, association,
company, corporation or combination of individuals of whatever form
or character.
Shall mean any school or institution of learning which school
or institution of learning has been approved pursuant to Section 29007.5
of the State Education Code, and which has for its purpose the teaching
of a course consisting of seventy (70) hours or more of the theory,
ethics and practice, methods, profession or work of massage technicians,
and which school or institution of learning requires a resident massage
technician be furnished with a diploma or certificate of graduation
from such school or institution of learning showing successful completion
of such course of study already approved by the State Department of
Education. Schools offering correspondence courses not requiring actual
attendance at class, or courses of a massage technician not approved
by the State Department of Education shall not be deemed "recognized
schools."
The provisions of this section shall not apply to the following
classes of persons while engaged in the performance of the duties
of their respective professions: physicians, surgeons, chiropractors,
osteopaths, acupuncturists, nurses or physical therapists who are
duly licensed to practice their respective professions in the State
of California.
[Ord. #09-05, § 1]
a.
Massage Establishment Permit. Except as otherwise provided in subsection 5-13.4 of this section, it shall be unlawful for any person to engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, in or upon any premises within the City, the operation of a massage establishment without first having obtained a massage establishment permit issued by the Police Chief pursuant to this section. A separate permit shall be obtained for each separate massage establishment. Any applicant who will not operate a massage establishment and will be providing exclusively off-premises massage services shall also obtain a massage establishment permit.
b.
Massage Technician Permit. Except as otherwise provided in subsection 5-13.4 of this section, it shall be unlawful for any person to engage in, conduct or carry on the function of a massage technician within the City without first having obtained a massage technician permit issued by the City pursuant to this section.
c.
Additional Permits. Permits required under this section shall be
in addition to any other license, permit, or requirement required
under Federal, State, or City law or regulation. A permit issued under
this section does not authorize the permittee to practice massage
until the permittee has complied with all business license requirements,
zoning/planning requirements, and all other applicable Federal, State,
and City laws or regulations.
[Ord. #09-05, § 1]
The permit requirements of this section shall not apply to the
following persons while engaged in the performance of their duties:
a.
Physicians, surgeons, chiropractors, osteopaths, nurses, physical
therapists, or acupuncturists who are duly licensed to practice their
respective professions in the State.
b.
Barbers, beauticians, cosmetologists, and estheticians who are duly
licensed under the laws of the State while engaging in practices within
the scope of their licenses.
c.
Hospitals, nursing homes, sanitariums, or any other health facility
duly licensed by the State.
d.
Accredited high schools, junior colleges, colleges, or universities
whose coaches and trainers are acting within the scope of their employment.
e.
Trainers of amateur, semiprofessional or professional athletes or
athletic teams while engaging in their training responsibilities for
and with athletes; and trainers working in conjunction with a specific
athletic event such as road races, track meets, triathlons, biathlons,
or similar single occurrence athletic or recreational events.
f.
Massage therapists, bodyworkers, bodywork therapists or massage and
bodywork therapists if the State enacts legislation providing for
the certification of such persons by a State agency, provided that
such persons have obtained such certification and provided that the
City is preempted from regulating such persons.
[Ord. #09-05, § 1]
a.
Prior to the application for a conditional use permit, the applicant
must provide information to the Chief of Police for a business license
investigation and pay the business license investigation fee as set
forth in the Master Fee Schedule, no part of which shall be refundable.
If the applicant is a corporation, the names and residence addresses
of each of the officers and directors of such corporation and of each
stockholder owning more than ten (10%) percent of the stock of the
corporation shall be set forth. If the applicant is a partnership,
the names and residence addresses of each of the partners, including
limited partners, shall be set forth.
b.
The applicant shall furnish information from which the Police Chief
can determine whether the massage technicians, trainees or employees
who work in, or will work in, the applicant's massage establishment
or engage in the outcall service are employed on a salary or other
fixed compensation basis, or are employed as independent contractors
whose compensation is based upon a percentage of the fee or money
paid by the customer or client for a massage or bath. If such technician,
trainee or employee is an independent contractor, the applicant shall
file with his application a copy of all written agreements wherein
the terms of such status are set forth, and the applicant shall furnish
information showing the amounts of such fee or money paid, or to be
paid, and the method of computation thereof, under such agreements.
In addition to the foregoing, any applicant for such a permit
shall furnish the following information:
1.
The two (2) previous addresses (if any) three (3) years immediately
prior to the present address of applicant.
2.
Written proof that the individual or partnership applicant is over
the age of eighteen (18) years.
3.
Individual or partnership applicant's height, weight, color of eyes
and hair and sex.
4.
Two (2) portrait photographs at least two inches by two (2" x 2")
inches.
5.
Business, occupation or employment of the applicant for the three
(3) years immediately preceding the date of the application.
6.
The history of the applicant in operation of a massage establishment
or similar business or occupation, including, but not limited to,
whether or not such person, in previously operating in this or another
City or State under permit, has had such permit revoked or suspended
and the reason therefor, and the business activity or occupation subsequent
to such action of suspension or revocation.
7.
All criminal convictions other than for misdemeanor traffic violations,
and the reasons therefor.
8.
The name, address and telephone number of each massage technician
who is or will be employed in such establishment.
9.
Such other identification and information necessary to discover the
truth of the matters hereinbefore specified as required to be set
forth in the application.
10.
Nothing herein contained shall be construed to deny to the investigation
officials the right to take the fingerprints and additional photographs
of the applicant.
c.
A business license investigation report from the Police Department
will be issued to the applicant within thirty (30) days of the application,
unless, for good reason, the Police Chief requires additional time
to complete the investigative review. The report will confirm or deny
the application for a massage establishment based on findings that:
1.
That the operation, as proposed by the applicant, if permitted, would
comply with all applicable laws, including, but not limited to, the
City's building, zoning and health regulations.
2.
The applicant has not been convicted in a court of competent jurisdiction
of:
(a)
An offense involving lewd conduct, nor an offense involving
the use of force and violence upon the person of another; or
(b)
A crime requiring registration under Section 290 of the State
Penal Code, or any violation of Sections 311 through 311.7, 314, 315,
316, 318, or 647 a, b or d of the Penal Code.
3.
That the applicant has not knowingly and with intent to deceive made
any false, misleading or fraudulent statement of facts in the business
investigation application or permit application or any other document
required by the City in conjunction therewith.
In the event of denial, notifications and reasons for denial
shall be set forth in writing and shall be sent to the applicant by
means of registered or certified mail or hand delivery.
[Ord. #09-05, § 1]
a.
The Police Chief shall issue, conditionally issue or deny the application
for a permit within sixty (60) days of receipt of a complete application.
When necessary, the Police Chief may extend the time in order to issue
or deny the application. The Police Chief may issue a permit on a
provisional basis pending completion of the review of the application.
b.
The Police Chief shall deny a permit if any of the following circumstances
exist:
1.
The application is incomplete and/or required supplementary material
is not submitted within thirty (30) days of the date the material
is requested;
2.
Applicant is unable to meet the requirements to obtain a business license as is set forth in subsection 5-13.20.
3.
The operation as proposed by the applicant would not comply with
all applicable ordinances and laws, including, but not limited to,
the City's building, health, and fire safety ordinances;
4.
The applicant has previously had a massage establishment permit,
massage technician permit, or any similar license, certificate, or
permit revoked by the City or any public agency during ten (10) years
preceding the date of the application;
5.
The applicant has made a material misrepresentation in the application
or supplementary material submitted with the application;
6.
The applicant has been successfully prosecuted under the Red Light
Abatement Act (California Penal Code section 11225 et seq.) or any
similar law in another jurisdiction during ten (10) years preceding
the date of the application; or
7.
The applicant has been convicted of any of the offenses provided in subsection 5-13.5c,(2)(b) during ten (10) years preceding the date of the application.
8.
The name proposed for the massage establishment suggests that any
service is available that is prohibited under this section.
c.
The Police Chief shall give written notice of the grounds for denial
to the applicant personally or by first class mail, postage prepaid,
at the address provided in the application. The notice shall advise
the applicant of the right to appeal the decision.
[Ord. #09-05, § 1]
The decision of the Police Chief may be appealed to the City
Administrator by the applicant through the following procedure:
a.
Within thirty (30) days after mailing of the notice of denial, the
applicant shall file with the City Administrator a written request
for an appeal hearing, which states the specific grounds for appeal.
b.
As soon as practicable after receiving the appeal, the City Administrator
shall set a date to hear the appeal, which shall be no less than fourteen
(14) days nor more than thirty (30) days from the date the appeal
was filed. The City Administrator shall give each appellant written
notice of the time and place of the hearing at least ten (10) days
prior to the date of the hearing, either by causing a copy of the
notice to be delivered to the appellant personally or by certified
mail addressed to the appellant at the address shown on the appeal.
Continuances of the hearing may be granted by the City Administrator
on request of the appellant for good cause shown, or on the City Administrator's
own motion. The hearing shall be informal. At the hearing, the City
Administrator shall hear the appellant and any relevant witnesses.
Upon conclusion of the hearing, the City Administrator shall render
a decision which shall be final. The City Administrator may delegate
any of the foregoing duties to his or her designee.
[Ord. #09-05, § 1]
a.
A permit shall be valid for two (2) years from the date of issuance
unless revoked or suspended.
b.
A permittee may apply for a renewal of a permit no less than thirty
(30) days prior to the expiration of the permit. If an application
for renewal has not been received by that time the permit shall expire
upon the expiration date. The Police Chief shall send a notice by
United States mail of the need to renew no later than sixty (60) days
prior to the expiration of the permit. Any permit issued under this
section shall be returned to the Police Chief within forty-eight (48)
hours of its expiration. No privilege to provide massage shall exist
until an application for renewal has been granted. After a permit
expires, a new application may be filed.
c.
Permits may be renewed every two (2) years by filing an application
for renewal under penalty of perjury updating information in the original
application provided to the Police Chief, together with a nonrefundable
fee in an amount set forth by resolution of the City Council.
d.
After investigating the application for renewal, the Police Chief
shall, within thirty (30) days of receipt of a complete application,
renew the permit if the permittee continues to meet the requirements
for the issuance of a permit, and none of the grounds for denial of
a permit set forth in this section exist.
[Ord. #09-05, § 1]
a.
The Police Chief may revoke or suspend any permit granted under this
section if any of the following are found:
1.
The permittee does not possess the qualifications for the permit
as required by this section;
2.
The permittee has been convicted of any violation of any provision
of this section;
3.
The permittee has engaged in conduct or operated a massage establishment
or has engaged in conduct as a massage therapist in a manner which
violates this section, any conditions of the permit, or any of the
laws which would have been grounds for denial of the permit;
4.
There is fraud, material misrepresentation, false statement, or omission
of a material fact in any application for a permit or in any supplementary
material;
5.
An activity authorized in the permit has been conducted in an unlawful
manner or in such a manner as to constitute a menace to the health,
safety, or general welfare of the public;
6.
Upon a recommendation from the City and/or County officials which
states that such business is being managed, conducted, or maintained
without regard for public safety or public health; or
7.
The responsible managing officer/employee designated in the permit
application is removed from that capacity and the Police Chief is
not notified of a new managing officer/employee.
8.
For purposes of this subsection, permittee, in the case of a massage
establishment, shall include the managing responsible officer or managing
employee.
b.
Prior to the suspension or revocation of any permit issued pursuant
to this section, an informal hearing shall be held by the Police Chief.
Written notice of the grounds for the hearing, as well as its time
and place, shall be sent by certified mail to the address shown on
the application or by hand delivery to the permittee at least fourteen
(14) days prior to said hearing, unless a shorter time period is agreed
to by the permittee. Written notice of the Police Chief's decision
shall be mailed to the permittee within fourteen (14) days following
the hearing. No privilege to provide massage services shall exist
from the time written notice is served, pending decision by the Police
Chief. Notwithstanding the foregoing, the Police Chief may immediately
suspend a permit without a prior hearing if he or she determines that
the continued provision of massage services pursuant to the permit
constitutes an immediate and significant threat to the public health,
safety or welfare. In such a case, the Police Chief shall conduct
the foregoing hearing following the suspension.
[Ord. #09-05, § 1]
No later than fifteen (15) calendar days after service of notice of revocation, suspension, denial of application, or renewal, the permittee may appeal to the City Administrator by the procedure for appeal as set forth in subsection 5-13.7b of this section. The hearing and notice of the decision shall be given in the same manner as provided in subsection 5-13.7b of this section. The decision of the City Administrator shall be final.
[Ord. #09-05, § 1]
Unless otherwise specifically prohibited by law, the burden
of proof is on the applicant or permittee in any hearing or other
matter under this section.
[Ord. #09-05, § 1]
No permit shall be sold, transferred, or assigned by the permittee
or by operation of law to any other person. Any such sale, transfer,
or assignment, or attempted sale, transfer of assignment shall constitute
an immediate revocation of the permit and the permit shall thereafter
be null and void.
[Ord. #09-05, § 1]
a.
No permittee shall operate under any name or conduct any massage
establishment under any designation or location not specified in the
permit.
b.
In the case of any proposed change of name, notification thereof
shall be made to the Police Chief within thirty (30) days prior to
the change. Any proposed change of name is subject to the approval
of the Police Chief.
c.
Any proposed change of location of a massage establishment is subject
to the approval of the Police Chief, in addition to compliance with
all City ordinances and regulations.
d.
Prior to expanding the size of a massage establishment, a massage
establishment permittee shall obtain the approval of the Police Chief
based upon a determination by the Police Chief of whether the expanded
establishment will satisfy the requirements of this section.
e.
In case of any change of location or expansion of the massage establishment,
inspection thereof by the City's Building Division shall be made as
required in this section within thirty (30) days of receipt of the
application.
f.
Any notification of a proposed change of name or any application
for a change of location or expansion of a business shall be accompanied
by a nonrefundable fee, in an amount established by resolution of
the City Council.
[Ord. #09-05, § 1]
The applicant, with an approved business license investigation
report, shall apply for a conditional use permit. All conditional
use permit applications for a massage establishment, except establishments
already existing, shall be accompanied by a conditional use permit
fee as set forth in the Master Fee Schedule, no part of which shall
be refundable. Upon receipt of conditional use permit application,
the Community Development and Environmental Resources Department shall
process the application and forward it to the Fire Department which
within period of thirty (30) days from the date of application shall
review records or make an inspection of the premises proposed to be
devoted as a massage establishment and shall make a written recommendation
to the Planning and Zoning Commission concerning compliance with the
respective requirements.
[Ord. #09-05, § 1]
The Planning and Zoning Commission shall schedule and conduct a Conditional Use Permit hearing under subsection 20.100.030 of the Zoning Code and may grant the permit provided that applicant meets the findings required by subsection 20.10.030D of the Zoning Code. When the conditional use permit is granted the applicant must then obtain a business license.
[Ord. #09-05, § 1]
Every massage establishment and every massage technician shall
comply with standard established by the Alameda County Health Services
for such businesses and practitioners and the following facilities
and operations requirements:
a.
All premises used by licensees or permittees hereunder shall be subject
to periodic inspection by the City for safety of the structure and
the propriety of plumbing, ventilation, heating and sanitation.
b.
One (1) artificial white light of not less than forty (40) watts
shall be provided and be lighted in each room where a massage is being
administered.
c.
The massage establishment's premises and facilities shall meet and
be maintained in a condition to comply with all applicable Code requirements
of the City and Alameda County, including, but not limited to, those
related to the safety of structures, adequacy of the plumbing, lighting,
heating, ventilation, waterproofing of rooms in which showers, water
or steam baths are used, and the health and cleanliness of the facility.
d.
Massage establishments and massage technicians shall at all times
have an adequate supply of clean sanitary towels, coverings, and linens.
Towels, nondisposable coverings, and linens shall not be used on more
than one (1) client, unless they have first been laundered and disinfected.
Disposable towels and disposable coverings shall not be used on more
than one (1) client. Soiled linens and paper towels shall be deposited
in separate receptacles.
e.
In the massage establishment, wet and dry heat rooms, steam or vapor
rooms or cabinets, toilet rooms, shower and bathrooms, tanning booths,
whirlpool baths, and pools shall be thoroughly cleaned and disinfected
as needed, and at least once each day when the premises are open,
with a disinfectant. Bathtubs shall be thoroughly cleaned with a disinfectant
after each use. All walls, ceilings, floors, and other physical facilities
for the establishment shall be in good repair, and maintained in a
clean and sanitary condition.
f.
All equipment used in the massage operation shall be maintained in
a clean and sanitary condition. Instruments utilized in performing
massage shall not be used on more than one (1) client unless they
have been sterilized, using standard sterilization methods.
g.
Clients of the massage establishment shall be furnished with a dressing
room. Dressing rooms will be used only by clients. Dressing rooms
need not be separate from the room in which the massage is being performed.
h.
Toilet facilities shall be provided in convenient locations near
the massage establishment and shall consist of at least one (1) unisex
toilet with lavatories or wash basins provided with soap and both
hot and cold running water either in the toilet room or vestibule.
i.
A minimum of one (1) wash basin for employees shall be provided at
all times. The basin shall be located within or as close as practicable
to the area devoted to performing of massage services. Soap and sanitary
towels shall also be provided at each basin.
j.
A list of all massage services available, the price thereof, and
the length of time of each massage service shall be posted in an open
and conspicuous public place on the establishment's premises in such
a manner that is readily visible by persons entering the establishment.
A written list of massage services available and the cost of such
services shall also be provided to each patron of an off-premises
massage service prior to any massage service being provided. No massage
services other than those set forth on the foregoing lists shall be
provided. The lists of services and costs shall be written in English
in readily understandable language.
k.
All payments for massage service provided at a massage establishment,
including gratuities or tips, shall be made only in the designated
reception area. At least one (1) sign, with lettering not less than
one-half (1/2") inch in height, shall be posted in an open and conspicuous
public place on the establishment's premises in such a manner that
is readily visible by persons entering the establishment, stating,
"All payments for massage services, including gratuities and tips,
shall be made only in the designated reception area."
l.
Every massage establishment and every person providing off-premises
massage service shall maintain a written record of the date and time
of each massage service provided; the name of each patron and the
service received; and the name of the massage therapist providing
the service. The written records shall be kept on the premises and
shall be open to inspection by the City. The records shall be retained
for a period of at least two (2) years.
m.
All massage therapists and all other employees of a massage establishment
shall remain fully clothed in clean outer garments while in public
areas of the massage establishment and while performing massage services,
including off-premises massage services. At a minimum, such clothing
shall be made of nontransparent material and shall not permit exposure
of the buttocks, genital area or breasts of any employee.
n.
The managing employee of a massage, establishment and any off-premises
massage service shall keep a complete and current list of the names
and residence address of all managing employees and massage therapists
employed by or contracting with the massage establishment. This list
shall be kept on the premises of the massage establishment or the
business office of the off-premises massage service and shall be available
for inspection at any time during business hours by the Chief of Police.
o.
No electrical, mechanical or other devices of any kind shall be used
by the owner, operator, managing employee or massage therapist of
the massage establishment or off-premises massage service for audio
and/or video recording or for monitoring the performance of a massage,
or the conversation or other sounds in the massage cubicle, booth,
room or other massage area, without the express written consent of
the patron. No massage cubicle, booth, room or other massage area
may be fitted with a two-way mirror, audio and/or video recording
equipment, or any other recording, eavesdropping or monitoring device
or equipment. No device of any kind shall be installed or used which
would operate in any way to detect or interfere with law enforcement
surveillance or communication equipment.
p.
Massage services shall not be made available to patrons at hot tub,
sauna or tanning establishments unless the establishment holds a valid
massage establishment permit. Hot tub, sauna, or tanning establishments
which offer massage services must comply with all provisions of this
section. Massage services shall not be given in any room or area in
which a hot tub, sauna, shower or Jacuzzi is located, or in wet and
dry heating rooms, tanning rooms, steam or vapor rooms, cabinets,
or bathrooms. All employees of the hot tub, sauna, or tanning establishment
who practice massage at the establishment must hold a valid massage
therapist permit.
[Ord. #09-05, § 1]
a.
Massage shall be provided or given only between the hours of 6:00
a.m. and 11:00 p.m. No massage establishment shall be open and no
client shall be in the establishment between 11:00 p.m. and 6:00 a.m.
b.
No alcoholic beverages shall be sold, served, furnished, kept, consumed,
or possessed on the premises of any massage establishment.
c.
No owner, manager, operator, responsible managing employee, or permittee
shall permit, and no massage technician contractor shall offer or
perform, any service other than those permitted under this section.
d.
No permittee or employee of a massage establishment shall:
1.
Expose the sexual or genital part of the permittee/employee in the
course of a massage; or
2.
Touch or expose the sexual or genital part of any other person in
the course of a massage. Sexual and genital parts shall include the
genitals, pubic area, anus, and perineum of any person and the breasts
of any female.
3.
No permittee or employee of a massage establishment shall place,
publish or distribute or cause to be placed, published or distributed
any advertising matter that depicts any portion of the human body
that would reasonably suggest to prospective customers that any service
is available that is prohibited under this section nor shall any massage
establishment employ language in any advertising text or business
name that would reasonably suggest to a prospective client that any
service is available that is prohibited under this section.
e.
While on the premises of a massage establishment or while otherwise
performing massage services, a massage therapist shall not use or
give as his/her own, any name other than that specified on the massage
therapist's permit.
f.
Condoms shall not be furnished or stored at any massage establishment.
g.
Massage therapists shall not be under eighteen (18) years of age.
[Ord. #09-05, § 1]
No massage establishment or outcall massage service granted a conditional use permit or business license under this section shall place, publish or distribute or cause to be placed, published or distributed any advertising manner that depicts any portion of the human body that would reasonably suggest to prospective customers, clients or patrons that any service is available other than those services described in subsection 5-13.2, nor shall any such establishment or service indicate in the text of such advertising that any service is available other than those so described.
No service described in subsection 5-13.2 shall be carried on within any cubicle, room, booth or any area within a massage establishment, which is fitted with a door or closure capable of being locked or secured to entry.
[Ord. #09-05, § 1]
Inspection officials of the City, including the Chief of Police,
shall have the right to enter the premises during regular business
hours for the purpose of making reasonable inspections to enforce
compliance with building, fire, electrical, plumbing or health regulations,
and for the purpose of determining that the provisions of this section,
and other provisions of law, are being complied with. In the event
the applicant for either a massage establishment conditional use permit
or a massage technician's business license is in violation of any
Federal, State or local health law or regulation, the application
may be denied. In the event a conditional use permit or business license
has been issued, it may be revoked or suspended in the manner hereinafter
set forth in this section.
[Ord. #09-05, § 1]
It shall be unlawful for any person to practice massage as a
principal, an employee, or otherwise, within the City unless such
person has a business license.
a.
The applicant shall furnish a diploma or certificate of graduation
from recognized school wherein the method, profession and work of
massage techniques are taught, or an equivalent of training and/or
recent experience and the written recommendation (business license
investigation) from the Police Department.
[Ord. #09-05, § 1]
All applications for a massage technician or trainee business
license shall be accompanied by a business license investigation fee
as cited in the City of Albany Master Fee Schedule, no part of which
shall be refundable. The business license investigation shall be conducted
by the Police Department and a written recommendation shall be submitted
to the applicant for issuing of a business license.
[Ord. #09-05, § 1]
The City Treasurer shall issue a business license if:
a.
The business license investigation by the Police Department recommends
the issuance of a business license upon the finding that the applicant
has not been convicted in a court of competent jurisdiction of:
1.
An offense involving lewd conduct, or an offense involving the use
of force and violence upon the person of another;
2.
Has not been convicted of any crime requiring registration under
Section 290 of the State Penal Code, or of any violation of Sections
311 through 311.7, 314, 315, 316, 318 or 647 a, b or d of the Penal
Code.
b.
That the applicant has not knowingly and with intent to deceive made
any false misleading or fraudulent statement of facts in the business
investigation application or in any other document required by the
City in conjunction therewith.
c.
That the applicant, whether as owner or as a masseuse, has not had
his/her permit suspended or revoked following an investigation of
unlawful conduct.
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Otherwise, the business license shall be denied.
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[Ord. #09-05, § 1]
Any person currently enrolled in a "recognized school" may apply for a quarterly business license (ninety (90) days) as a massage technician trainee. In addition to the payment or the business license investigation fee required by subsection 5-13.21 and the information required by subsection 5-13.20, the applicant shall submit a letter signed by the director of administrator of the applicant's "recognized school" showing the date the applicant was officially enrolled and the estimated date the applicant will graduate.
The applicant shall also submit a letter signed by the owner
or operator of a massage establishment, stating his willingness to
employ the applicant to do massage as a massage technician trainee,
working under his direct supervision and control, during the time
the applicant is completing the course of study as a massage technician.
The massage trainee business license shall expire ninety (90)
days from the date issued and is not renewable, except in the case
of sickness or accident for which reason the education was delayed.
Applicant is expected to complete his massage technician course of
study during the ninety (90) day period the business license is valid.
The trainee must, at all times, comply with all laws and ordinances
in effect and the failure to comply may render the applicant ineligible
to obtain a massage technician's business license. Upon presentation
of a copy of his diploma or certificate of graduation from a "recognized
school" the trainee will be issued the regular massage technician
business license.
[Ord. #09-05, § 1]
All persons engaged in doing massage in the City at the time these regulations become effective who cannot qualify for a massage technician business license shall have a period of thirty (30) days within which to qualify as a massage technician trainee and obtain a massage technician trainee business license by making application therefor and paying the business license investigation fee, and submitting information required under the provisions of subsection 5-13.14 hereof.
[Ord. #09-05, § 1]
The owner or operator shall display the massage establishment
business license issued and the business license of each and every
massage technician or massage technician trainee employed in the establishment
in an open and conspicuous place on the premises.
Massage technicians shall wear or otherwise clearly display
an identification name plate which shall contain a photograph of the
technician, given and surname of the technician, and assigned business
license number, which plate must be worn on the front of the outermost
garment at all times during the hours of operation of any massage
establishment or outcall massage service granted a business license
pursuant to this section, or otherwise be clearly displayed in the
room where the massage service is being given.
The operator of a massage establishment or an outcall massage
service must maintain a register, or written listing, of all persons
employed by him, whether as independent contractors or otherwise,
as massage technicians, trainees and employees, and their business
license numbers. Such register shall be available for inspection at
all times during regular business hours.
[Ord. #09-05, § 1]
In addition to the remedies herein, or in this Code, provided
the operation of a massage establishment or of an outcall massage
service in violation of this section shall be deemed a public nuisance
and may be enjoined.
[Ord. #09-05, § 1]
Any person who violates or causes another to violate, any of
the provisions of this section is guilty of a misdemeanor, and upon
conviction shall be punished as set forth in Section 1-9 of this Code.
[Ord. #09-05, § 1]
If at any time during the duration of a permit issued under
this section a permittee ceases to do business as a massage establishment
and/or a massage technician, the permittee shall:
