5.09.130 - Massage technician permit required.

(a)

A massage technician shall not engage in or participate in any massage activities in the city unless the massage technician has applied for and been issued a current massage technician permit by the California Massage Therapy Council, pursuant to the provisions of Business and Professions Code Section 4600 et seq.

(b)

Reserved.

(c)

All applications for a permit or renewal shall be filed with the city business license division subject to investigation by the sheriff's department. Each application shall be accompanied by a nonrefundable fee for filing or renewal in an amount determined by resolution of the city council, which shall be used to defray the costs of investigation, inspection and processing of such application.

(d)

The report of the sheriff's department regarding a permit application shall be issued within ninety days of filing a complete application. At the conclusion of the investigation, the results shall be indicated on the photocopy of the application, dated, signed and returned to the city business license division. A permit shall automatically be issued if a decision has not been made by the city business license division on the application for a permit within ninety days of receipt for a completed application. Any permit issued pursuant to this subsection shall be deemed conditional pending the city's receipt of the California department of justice report on the fingerprints submitted by the applicant. If the fingerprint report demonstrates that the applicant has made any false, misleading or fraudulent statement of material fact in the permit application, in any report or record required to be filed with the sheriff's department, or other department of the city the application shall be denied. If, however, a permit is issued and the fingerprint report demonstrates that the applicant has made any false, misleading, or fraudulent statement of material fact in the permit application or in any report or record required to be filed with the sheriff's department, or other department of the city, the permit shall be subject to revocation pursuant to Section 5.09.170.

(e)

Following the sheriff's department's investigation, the city business license division shall issue a permit or renewal, unless one or more of the following are found to be true:

(1)

The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit or in any report or record relevant to the permit required to be filed with the sheriff's department, or other department of the city;

(2)

The applicant had any type of massage establishment permit or massage technician permit revoked by any public entity within two years of the date of the application;

(3)

The applicant is under eighteen years of age;

(4)

The applicant is delinquent in paying city fees or penalties owed in relation to the massage technician permit;

(5)

The application or permit fee required by this chapter has not been paid;

(6)

That the applicant has been convicted of any penal code or municipal code violation, whether a felony or misdemeanor, or lesser offense from the violation originally charged, and, if so, the date, place, nature of each conviction or plea of nolo contendere and the identity of the convicting jurisdiction, or whether the applicant is required to register under the provisions of Section 290 of the Penal Code;

(7)

Failure to file a complete application as required by this section; and

(8)

Prior revocation of a permit or business license from a municipal or governmental agency.

(f)

The fact that an applicant possesses other types of state or city permits and/or licenses does not exempt the applicant from the requirement of obtaining a massage technician permit.

(g)

Any application for a permit pursuant to this chapter is considered to be a ministerial act. Issuance or denial of the permit under the chapter is not subject to administrative appeal. The decision of the city business license division is subject to prompt judicial review by a court of competent jurisdiction in accordance with California law.

(Ord. 577 §1(part), 2004).

(Ord. No. 648, § 4, 11-20-2012; Ord. No. 668, § 1, 7-21-2015)