CITY COUNCIL OF THE CITY OF NOVATO ORDINANCE NO. 1606

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1 CITY COUNCIL OF THE CITY OF NOVATO ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NOVATO REPEALING AND REENACTING SECTION 8-4 OF THE NOVATO MUNICIPAL CODE RELATING TO REGULATION OF MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS AND FINDING THE ADOPTION THEREOF EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION (b)(3) WHEREAS, in 2008 by Senate Bill 731 ( SB 731 ), the Legislature added new Section 10.5 (Sections 4600 et seq.) to the California Business and Professions Code, entitled Massage Therapists, which provides for the formation of a nonprofit Massage Therapy Organization to oversee a State-sanctioned program of certification for massage therapy practitioners; and WHEREAS, SB 731 established a scheme for a voluntary certification process for persons wishing to practice massage therapy in California, with the intention of enabling persons so certified to practice massage therapy in any city within the State without being required to obtain a local permit to practice; and WHEREAS, the California Massage Therapy Council was formed to administer the laws enacted by SB 731, including the issuance of certifications to qualified massage practitioners; and WHEREAS, in 2009, the City Council adopted Ordinance No. 1544, amending Novato Municipal Code Section 8-4 Regulation of Massage Establishments and Massage Technicians to comply with SB 731; and WHEREAS, in September 2014, the Legislature adopted Assembly Bill No ( AB 1147 ), amending the laws enacted by SB 731, which went into effect on January 1, 2015; and WHEREAS, the City Council wishes to amend the Novato Municipal Code as a result of the enactment of AB 1147 and to modify the provisions related to permitting, inspection, operational standards, and zoning requirements in accordance therewith; and WHEREAS, the Record of Proceedings ( Record ) upon which the City Council bases its decision on the proposed amendment to the Municipal Code includes, but is not limited to: (1) the staff reports, City files and records and other documents, prepared or and/or submitted to the City relating to the proposed amendment; (2) all documentary and oral evidence received at public meetings and hearings or submitted to the City during the comment period relating to the amendment; (3) the City of Novato 1996 General Plan and its EIR; and (4) all other matters of common knowledge to the City Council including, but not limited to, City, state, and federal ord640 1

2 laws, policies, rules, regulations, reports, records and projections related to business permitting and regulation within the City of Novato. The custodian of records is the City Clerk of the City of Novato, 922 Machin Avenue, Novato, CA NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NOVATO DOES FIND AND ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby finds that the adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3) Section (b)(3). The ordinance is being adopted in accordance with the requirements of AB 1147, the Massage Therapy Act, authorizing local agencies to adopt reasonable zoning, business licensing, and health and safety requirements for massage establishments. This ordinance does not result in additional development but requires additional permitting and evaluation before any new development can take place. It can therefore be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment. SECTION 2. The City Council hereby repeals and reenacts Section 8-4 of the Novato Municipal Code to read as set forth in Exhibit A, attached hereto and incorporated herein by reference. SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrase or clauses be declared unconstitutional on their face or as applied. SECTION 4. Effective date. This ordinance shall become effective 30 days after the date of adoption. SECTION 5. Posting. This ordinance shall be published in accordance with applicable provisions of law, by either: publishing the entire ordinance once in a newspaper of general circulation, published in the City of Novato, within fifteen (15) days after its passage and adoption, or ord640 2

3 publishing the title or appropriate summary in a newspaper of general circulation, published in the City of Novato, at least five (5) days prior to adoption, and a second time within fifteen (15) days after its passage and adoption with the names of those City Councilmembers voting for and against the ordinance. * * * * * * THE FOREGOING ORDINANCE was first read at a regular meeting of the Novato City Council on the 13 th day of September, 2016, and was passed and adopted at a regular meeting of the Novato City Council on the day of, AYES: NOES: ABSTAIN: ABSENT: Councilmembers Councilmembers Councilmembers Councilmembers Mayor of the City of Novato Attest: Deputy City Clerk of the City of Novato Approved as to form: City Attorney of the City of Novato ord640 3

4 EXHIBIT A 8-4 Regulation of Massage Establishments and Massage Technicians Declaration of Purpose and Intent. a. The purpose of this Section is to establish comprehensive regulations for massage establishments and massage technicians to protect public health, safety, and welfare by providing minimum standards for the conduct of massage technicians. b. This Section is adopted under the authority of Government Code sections through 51034, Government Code section 37101, Business and Professions Code section 16000, and California Constitution Article XI, Section 7, and shall establish permitting standards to comply with California law. c. This Section is not intended to be exclusive and compliance herewith shall not excuse noncompliance with any state or local laws or regulations that uniformly apply to other professional or personal services businesses, including, but not limited to, all zoning applications, business license provisions, building, fire, electrical, plumbing, and health and safety code laws and regulations applicable to professional or personal services businesses Definitions. As used in this Section: a. "California Massage Therapy Council" or "CAMTC" means the California Massage Therapy Council established pursuant to Business and Professions Code section 4602(a). b. "Days" means calendar days unless otherwise expressly stated. c. "Employee" means any person working for the operator of a massage establishment. d. "Massage" or massage therapy means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the exterior of the body with the hands or with the aid of any mechanical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, creams, lotion, ointment, or other similar preparations commonly used in this practice. e. "Massage establishment" means any establishment having a fixed place of business, where any person engages in, conducts, carries on, or permits to be engaged in, conducted, or carried on, for any form of consideration whatsoever, massage as defined herein. Any establishment engaging in any combination of massage, bath facilities, including but not limited to showers, baths, hot tubs, saunas, or other dry or wet heat rooms, and/or personal services as defined in Paragraph , shall be deemed a massage establishment. f. "Massage technician" means any person who, for any form of compensation, administers to another person a "massage" as herein defined. The terms massage therapist and massage practitioner are included within this definition for purposes of this Section. 1 4

5 g. "Operator" means a person with an ownership interest in a massage establishment. h. "Out-call massage" means a massage given at a location other than at a massage establishment. i. "Patron" means a person who pays any form of compensation to obtain a massage as defined herein. j. "Permit" means written authorization from the Chief of Police or his designee to operate a massage establishment or to administer massages as a Massage Technician. k. "Permittee" means a person who has been issued a permit by the Chief of Police or his or her designee under the provisions of this Section. l. "Person" means an individual, firm, association, partnership, corporation, joint venture, or combination of individuals. m. "Sexual or Genital Part" means the genitals, pubic area, anus, perineum of any person and the breasts of any female. n. "Sole Proprietorship" means a massage establishment where the owner owns one hundred percent (100%) of the business and is the only person who provides massage services for that business pursuant to a valid State Massage Certificate. o. "State Massage Certificate" means a valid certificate issued by the CAMTC to either a massage therapist or massage practitioner, as those terms are defined in California Business and Professions Code Section p. "State Massage Law" means Chapter 10.5 of the California Business and Professions Code (Section 4600 et seq.) as the same may be amended from time to time Permits and Licenses Required. a. Massage Establishment Permit. Unless exempt pursuant to subsection 8-4.4, it shall be unlawful for any person to engage in, conduct, or carry on the business or operation of a massage establishment within the City without first obtaining a permit to operate a massage establishment pursuant to Subsection of this Code. b. Use Permit. Massage establishments in the City may operate only in zones where such use is permitted pursuant to Chapter 19 of this Code, and only with a valid use permit. c. Business License. Any person who engages in, conducts, or carries on the business or operation of a massage establishment providing massages to the public for any form of consideration shall apply for and obtain a business license pursuant to Section 8-1 of this Code. d. CAMTC Certification. It shall be unlawful for any person to administer massage for any consideration whatsoever within the City without a valid State Massage Certificate Exceptions. a. The requirements of this Section shall not apply to the following individuals while engaged in performing the duties of their respective professions: 2 5

6 1. Currently licensed physicians, surgeons, chiropractors, osteopaths, physical therapists, or nurses and any persons acting under the direction and control of any of the aforementioned licensed professionals on the premises of the medical establishment. 2. Barbers and cosmetologists who are currently licensed to practice their profession under the laws of the State of California provided that such massage is limited to the head, neck, scalp, feet and legs below the knees. 3. Trainers of any amateur or professional athlete or athletic team when such practice of massage is limited to such athlete or team. 4. School athletic trainers and coaches while acting with the scope of their employment. b. The requirements of this Section shall not apply to the following classes of establishments: 1. A medical establishment including professional offices where massage is administered by any of the licensed professionals listed in paragraph a.1. above, or by an individual acting under the direction and control of any of the aforementioned licensed professionals on the premises of the medical establishment. 2. Hospitals, medical clinics, nursing homes, mental health facilities, sanitariums, and other health care facilities duly licensed by the State of California. 3. Barbershops or beauty salons where massage is limited to the head, neck, scalp, feet and legs below the knees and is administered by barbers or cosmetologists who are currently licensed under the laws of the State of California. 4. Schools providing a course of study approved by the California Department of Education or Superintendent of Public Instruction in which massage is administered or taught to students by authorized school employees in conjunction with sports and athletic programs, training in the healing arts or other school courses Massage Establishment Permit Application. a. Unless exempt pursuant to subsection 8-4.4, any person desiring to obtain a permit to operate a massage establishment shall submit a completed application to the Chief of Police on a form provided by the Chief. The application shall be accompanied by a nonrefundable filing fee established by resolution of the City Council to defray the cost of processing the application including the background investigation, inspection of the proposed massage establishment premises and fingerprinting. The application shall contain the following information: 1. The proposed business name and location of the massage establishment; 2. The type of ownership of the business (corporation, partnership, individual, or otherwise): 3 6

7 (A) If the 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 residences addresses of each of its officers, directors, and each stockholder holding more than ten percent of the stock of the corporation. The application shall include the information required by this Section for each of said individuals. (B) If the applicant is a partnership, the application shall set forth the names and residence addresses of each of the partners, including limited partners. The application shall include the information required by this Section for each of said persons. If one or more of the partners is a corporation, the provisions of paragraph (A) pertaining to corporate applicants shall apply. (C) If the applicant is an individual, the name and residence address of the individual. 3. The exact nature of the proposed massage establishment and the type of massage treatments to be administered; 4. The name and address of the owner of real property upon, in, or from which a massage establishment is to be operated. In the event the applicant is not the record owner of said property, as shown on the latest county assessment roll, the application shall be accompanied by a copy of any written lease between the applicant and the property owner authorizing use of the premises as a massage establishment or if there is no written lease, then a written, notarized acknowledgement from the property owner that the property owner has been advised that a massage establishment will be operated by the applicant on the property owner s property; 5. A photograph of the applicant at least two inches by two inches taken within one year preceding the application; 6. The complete history of the applicant as to all practice and employment in the massage establishment field including all permits and licenses obtained and any revocation or suspension thereof; 7. The name of each person that the massage establishment employs or retains, or intends to employ or retain, as a Massage Technician and a copy of that person s Massage Technician Permit or State Massage Certificate and CAMTC-issued identification card; 8. If the applicant holds a valid State Massage Certificate, a copy of his or her State Massage Certificate and CAMTC-issued identification card. 9. Unless the individual applicant has claimed an exemption pursuant to State Massage Law, the Novato Police Department shall require the submission of fingerprint images from the applicant and investigate their criminal history. A permit for a Massage Establishment will not be issued if the applicant has been convicted of any of the following offenses or has been convicted of an offense outside the State of California that would have constituted any of the following offenses if committed within the State of California: (A) An offense involving conduct which requires registration pursuant to Section 290 of the Penal Code; 4 7

8 (B) An offense involving the use of force and violence upon the person of another that amounts to a felony; (C) An offense involving sexual misconduct with children; (D) An offense charged under Chapter 7.5 of Title 9 of the Penal Code; (E) An offense charged under Section 266i, 647 (a), 647 (b), 315, 316 or 318 of the Penal Code. b. Issuance of a permit by the Chief of Police to operate a massage establishment does not authorize the permittee to physically administer massage to patrons Issuance or Denial of a Permit to Operate a Massage Establishment. a. The Chief of Police shall determine whether to issue or deny an application for a Permit to operate a massage establishment within thirty (30) days of receiving a completed application. A permit shall be issued unless the Chief of Police determines any of the following to be true: 1. The applicant has been convicted of any of the offenses set forth in subparagraph 8-4.5(a)(9) above; or 2. The applicant has not yet attained 18 years of age; or 3. Information provided by the applicant is found to be false in any material detail; or 4. The applicant has had a permit suspended by the Chief of Police and the period of suspension has not yet ended or has had a permit revoked within five (5) years immediately preceding the application; or 5. The proposed massage establishment would not comply with one or more requirements of this Section or of this Code. b. Term. A permit to operate a massage establishment issued pursuant to the terms of this Section shall be valid for a term of one (1) year from the date of issuance, unless sooner suspended, revoked, or abandoned as set forth in this Section. A permit that has not expired and has not been suspended or revoked may be renewed on an annual basis upon submittal of a written application and payment of a renewal application fee to be established by resolution of the City Council. c. Renewal. Applications for the renewal of a permit to operate a massage establishment shall be filed with the Chief of Police at least sixty (60) days before the expiration of the permit to be renewed. Temporary permits will not be issued. Any permittee allowing his or her permit to lapse may not renew said permit but shall be required to submit a new application and payment of the original application fee. d. Non-assignability. A permit to operate a massage establishment may not be sold, transferred or assigned by the permittee, or transferred by operation of law, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall constitute a voluntary surrender of such permit and such permit shall thereafter be null and void except as hereinafter set forth. 5 8

9 1. If the permit is issued to a corporation and stock is sold, transferred, issued or assigned to a person who is not named on the permit application as a stockholder, the permit shall be deemed null and void; provided, however, the proposed transferee may submit to the Chief of Police, together with a fee established by the City Council, an application to amend the original application providing all information as required for stockholders in the first instance. Upon approval thereof, the transfer may then occur. 2. If the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit. In such case the permit, upon notification to the Chief of Police, shall be placed in the name of the surviving partners. A new partner shall submit an application to amend the original application by providing all information as required of partners in the first instance. e. Change in Application Information. If any changes occur which result in changes to the information provided on an application required pursuant to this subsection, the applicant or permittee shall submit an updated application within fifteen (15) days from the date such changes occur Appeal of Permit Denial. A decision to deny a permit to operate a massage establishment may be appealed to the City Manager by filing a written appeal with the City Manager within ten (10) days from the date of the Notice of Denial issued by the Chief of Police. If no appeal is filed, the action of the Chief of Police in denying such permit shall be final. Upon the filing of a timely appeal, the City Manager shall hold a hearing and may affirm or overrule the decision of the Chief of Police Posting of Permits, Certificates, and Other Information Required. a. All massage establishments shall post the following documents and information in an open and conspicuous location of the massage establishment: 1. A valid business license; 2. A valid permit to operate the massage establishment; 3. A copy of a valid CAMTC certificate or Massage Technician permit for each and every Massage Technician administering massage treatments on the premises, including a photograph of the massage technician measuring two inches by two inches or larger in size affixed to each respective certificate or permit that is on display; 4. A valid use permit; and 5. A schedule of services that indicates each massage treatment offered, the price of each massage treatment offered, and the minimum length of time such massage treatment shall be administered. 6 9

10 b. Massage Technicians who perform out-call massage services shall carry a copy of their CAMTC or Massage Technician Permit, along with a copy of their City business license, to the location where such massage services are performed and shall present them to patrons or City representatives upon request Inspections. The Chief of Police, County Health Department, Building Official, Fire Marshal, or any other person or persons charged with enforcing or administering the provisions of this Section or any other applicable state law, rule, or regulation shall have the right to enter the massage establishment at any time during business hours for the purpose of enforcing said provisions, laws, rules or regulations. A warrant shall be obtained whenever required by law Arrangement for Services. All Massage Establishments and Massage Technicians shall comply with the following standards in the negotiation and performance of services: a. Arrangements for massage treatments to be administered shall be made within the room containing the posted schedule of services. Services shall be described in readily understandable language. b. No sums shall be charged other than those listed on the posted schedule of services. c. Employees and Massage Technicians shall not advise, suggest or otherwise indicate to a patron the availability of any treatment or service that is not listed on the posted schedule of services. d. Massage Technicians shall not perform any treatments or services that a patron did not request Facilities and Operating Requirements for Massage Establishments a. Massage establishments shall comply with the following facilities and operating standards: 1. 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, county, and state, 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. 2. Massage shall be provided or performed only between the hours of 7:00 a.m. and 10:00 p.m. No massage establishment shall be open and no massage shall be provided between 10:00 p.m. and 7:00 a.m. A massage commenced prior to 10:00 p.m. shall nevertheless terminate at 10:00 p.m. and all patrons shall exit 7 10

11 the premises of the massage establishment at that time. It is the obligation of the massage establishment to inform patrons of the requirement that massages must cease at 10:00 p.m. 3. All walls, ceilings, floors, pools, showers, bathtubs, wet and dry heat rooms, steam rooms, tables and all other physical facilities shall be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, showers and toilet rooms shall be thoroughly cleaned at least once each day the massage establishment is in operation. Bathtubs shall be thoroughly cleaned after each use. 4. A recognizable and legible sign shall be posted at the main entrance identifying the establishment as a massage establishment. This requirement shall not apply to any athletic club, health club, country club, gymnasium, beauty salon, or similar establishment, where massage is offered as an incidental, accessory or secondary service to its primary program of sports, exercise, athletic training, or beauty care. Incidental, accessory or secondary service shall mean that no more than 15 percent of its total floor area is used for the provision of facilities/services to patrons for the provision of massage services. 5. Adequate equipment for disinfecting and sterilizing instruments used in administering massage shall be provided. Instruments utilized in performing massage shall not be used on more than one patron unless they have been sterilized by disinfecting agents and/or sterilizing equipment sufficient to assure the cleanliness and sterility of the instruments. 6. Hot and cold running water shall be provided at all times to all wash basins, bathtubs, showers and similar equipment present on the premises. 7. Closed cabinets shall be provided for storage of clean linens. Nonabsorbent containers or laundry bags shall be provided for damp or soiled linen, and linen shall be kept therein until removed for laundering. 8. A minimum of one toilet facility shall be provided on the premises of the massage establishment. When five or more employees and patrons of different sexes are on the premises at the same time, separate toilet facilities shall be provided. A single water closet per sex shall be provided for each 15 or more employees or patrons of that sex on the premises at any one time. Urinals may be substituted for water closets after one water closet has been provided. All toilet rooms shall be equipped with self-closing doors opening in the direction of ingress to the toilet rooms. 9. Lavatories or wash basins shall be installed in each toilet facility. Each wash basin shall be provided with soap or detergent, and sanitary towels placed in permanently installed dispensers. 8 11

12 10. Clean and sanitary towels and sheets shall be provided for each patron receiving a massage. No common use of towels or sheets shall be permitted. 11. The use or possession of adult-oriented merchandise in or on any part of the massage establishment is prohibited. 12. No alcoholic beverages shall be sold, served, furnished, kept or possessed on the premises of a massage establishment. 13. A massage establishment shall not be used for residential or sleeping purposes unless the massage establishment is properly zoned and has all necessary use permits, and the massage establishment is owned by one individual with one or no employees or independent contractors. 14. No massage services shall be performed within any room on the premises of a massage establishment that is fitted with a lock. Except as provided herein, all external doors of a massage establishment shall remain unlocked during business hours. In the event that the massage establishment has more than one external door, secondary access doors may be locked provided that the main entrance remains unlocked. External doors may be locked if the massage establishment is a business entity owned by one individual with one or no employees or independent contractors. 15. For each massage service provided, every massage establishment shall keep a complete and legible written record of the following information: the date and hour that service was provided; the service received; the name or initials of the employee entering the information; and the name of the massage technician administering the service. Such records shall be open to inspection and copying by the Chief of Police or other City or County officials charged with enforcement of this Section. These records may not be used by any massage technician or operator for any purpose other than as records of service provided and may not be provided to other parties by the massage technician or operator unless otherwise required by law. Such records shall be retained on the premises of the massage establishment for a period of two (2) years and be immediately available for inspection during business hours Prohibited Conduct. a. No permittee or employee of a massage establishment shall: 1. Expose the sexual or genital part of him or herself in the course of a massage therapy; or 9 12

13 2. Touch or expose the sexual or genital part of any other person in the course of a massage therapy; or 3. Perform massage therapy on a patron with the intent or purpose of arousing, appealing to, or gratifying the sexual desires of said patron; or 4. Perform any task or service associated with the massage establishment while nude, semi-nude, or dressed in lingerie, see-through or transparent attire; or 5. Use any electrical, mechanical or artificial device for photographic, audio and/or video recording within the rooms of the massage establishment where massage is being performed, where persons dress or undress and in restroom facilities; or 6. 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 by this Section or other applicable law nor shall any massage establishment employ language in any advertising text or business name that would reasonably suggest to a prospective customer that any service is available that is prohibited under this Section or other applicable law; or 7. Allow a person under the age of 18 years to enter and remain in a massage establishment without express written permission from the minor's parent or guardian. This requirement shall not apply to any athletic club, health club, country club, gymnasium, beauty salon, or similar establishment, where massage is offered as an incidental, accessory or secondary service to its primary program of sports, exercise, athletic training, or beauty care. Incidental, accessory or secondary service shall mean that no more than 15 percent of its total floor area is used for the provision of facilities/services to patrons for the provision of massage services; or 8. Allow any person other than the patron and the patron s immediate family or legal guardian in the massage room while the patron is dressing or undressing; or 9. Allow persons other than the patron and massage technician(s), and the patron s immediate family or legal guardian, in a massage room with its doors closed. Notwithstanding this subsection, two or more patrons who wish to receive massage services together may do so in the same room with the doors closed provided each patron is assigned an individual massage technician and there are no other persons other than a patron s immediate family or legal guardian in the room

14 Suspensions and Revocations. a. The Chief of Police or applicable permitting authority may suspend or revoke a Massage Establishment or Massage Technician permit, business license, or any other approval required under this Section, after a hearing, where it is found that: 1. The permittee or licensee practiced fraud or deceit in obtaining the approval; 2. Violations of any of the following occurred on the premises of the massage establishment or were committed by a Massage Technician: California Business and Professions Code sections 4600 et seq.; any local, state, or federal law; or the provisions of this Section; 3. The permittee or licensee has been convicted in a court of competent jurisdiction of any offense that would be cause for denial of such permit or license in the first instance; or 4. The approval was issued in error. b. During the time that a permit is suspended, it shall be unlawful for the permittee to exercise any of the rights granted by this Section Notice of Suspension or Revocation; Hearing. a. Upon the determination of the Chief of Police that there are grounds to suspend or revoke a Massage Establishment or Massage Technician Permit, the Chief shall cause a notice of suspension or revocation to be mailed by first class mail to the address designated by the Massage Establishment or Massage Technician permittee on their permit application. b. At the time and date specified in the notice, the permittee may appear and show cause before the Chief of Police as to why such permit should not be suspended or revoked. Upon the failure of the permittee to appear at said time or, if after appearance and hearing, the Chief of Police finds good and sufficient cause for suspension or revocation, the Massage Establishment or Massage Technician permit shall be suspended or revoked, as determined by the Chief. c. Upon any suspension or revocation of a Massage Establishment or Massage Technician s permit, no refund of any permit fee shall be made and the fee shall be forfeited to the City Appeal of Suspension or Revocation. a. Any decision to suspend or revoke a permit may be appealed to the City Manager by filing a written appeal with the City Manager within ten (10) days of the date 11 14

15 that the Notice of Decision was issued by the Chief of Police. If the ten (10) days expires on a date that City Hall is not open for business, then the appeal period shall be extended to the next City business day. The appeal shall clearly and concisely set forth the grounds upon which it is based. b. Failure to file a timely appeal petition with the City Manager shall constitute a waiver of the right to appeal. c. The decision of the City Manager is final. The City Manager may promulgate written rules and regulations for the conduct of hearings by the Chief of Police and regarding appeals to the City Manager Reapplication after Revocation. a. The holder of a Massage Establishment permit that has been revoked may not reapply for a new permit for a period of one (1) year from the date of the revocation. b. If a Massage Establishment permit is revoked, no application for a new Massage Establishment permit at the same location will be accepted within one (1) year after the effective date of the revocation Violation--Penalty. a. Every person who violates any provision of this Section shall be guilty of a misdemeanor and, upon conviction, such person shall be punishable as set forth in Section 1-5. b. Every person who violates any provision of this Section may be subject to administrative citations pursuant to Section 1-5. c. Each violation of this Section and each day of violation of this Section shall be considered a separate and distinct violation thereof and the imposition of a penalty shall be as set forth in paragraph (a) of this subsection for each and every separate violation and each and every day of violation Public Nuisance and Abatement. Any massage establishment that is operated, conducted or maintained contrary to the provisions of this Section is unlawful and declared to be a public nuisance. The City Attorney is authorized, in addition to or in lieu of any other legal or criminal proceedings, to commence an action or proceeding for the abatement, removal or enjoinment thereof in the manner provided by law. The City Attorney may seek a court order to grant such relief to abate or to remove such massage establishments and to restrain and enjoin any person from operating, conducting or maintaining such an establishment contrary to the provisions of this Section

16 Applicability to Existing Massage Technician Permits. a. All persons lawfully holding a valid Massage Technician Permit under the previous requirements of Section 8-4 on the effective date hereof shall have until (effective date plus three (3) years) to comply with the requirements of paragraph d. of subsection Until such time, the Massage Technician Permit shall remain valid so long as the permittee complies with the conditions of the permit imposed at the time of its issuance; the former provisions of 8-4 applicable thereto as listed in a.1 and a.2 below; all other applicable requirements of this Section; and pays an annual fee to renew the permit in an amount to be established by city council resolution. In the event the Massage Technician fails to comply with any of these requirements, the Permittee shall be in violation of this Section and their Massage Technician Permit shall become immediately null and void. 1. A permittee whose 4-year health certificate expires within the three-year grandfather period shall be required to be retested for tuberculosis and shall re-submit a health certificate verifying negative results of a tuberculin skin test at the time of their next renewal; 2. The Chief of Police may suspend, revoke, or deny renewal of the grandfathered permit if it is found that the permittee has: i. Been convicted in a court of competent jurisdiction within five years of the date of application of any violation of Sections 266, 266a, 266e, 266h, 266i, 266j, 267, 309, 311.2, 311.3, 311.4, 315 or 318 of the California Penal Code or conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside the State of California which is the equivalent of any of the aforesaid offenses; or ii. Been convicted in a court of competent jurisdiction within five years of the date of application of any offense involving the sale of a controlled substance specified in Sections 11054, 11055, 11056, 11057, or of the California Health and Safety Code, or any offense in a jurisdiction outside the State of California which is the equivalent of the aforesaid offenses; or iii. Committed an offense which requires him or her to register under the provisions of Section 290 of the California Penal Code; or iv. Been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Section through of the California Penal Code or any similar provision of law in a jurisdiction outside the State of California within five years of the date of application. b. On or after October 27, 2020, the requirements of paragraph d. of subsection shall apply and this subsection shall be of no further effect except that the City Manager may extend the effectiveness of this subsection for a 1-year period on an individual basis upon a showing of good cause