§ 5.2-205. Massage Business Permit for Owners and Managers who do not Qualify as Massage Therapists and Who are Not CAMTC Certified.

Every massage business owner[s] and manager[s] who do not possess a current and valid CAMTC certificate, must obtain a Massage Business Permit from the Chief of Police, or his designee, prior to obtaining a business license, according to the following procedures:

A.

The massage business owner[s] and manager[s] shall complete an application that requests information regarding topics including, but not limited to, the applicant's current business name and location, occupation, employment history for the five (5) years preceding the date of the application, and the name and address of any massage business or like establishment previously owned or managed by the applicant.

B.

All massage business owner[s] and manager[s] subject to this section shall personally appear at the City Police Department to be fingerprinted. The Chief of Police, or his designee, shall conduct or cause to be conducted on its behalf a background investigation of the applicant.

C.

At the time of the fingerprinting, the applicant shall pay the Police Department a fingerprinting fee and the cost of obtaining criminal history information and conducting a background investigation. Fees are set forth in the City's fee schedule in amounts established by resolution of City Council and may be amended by Council from time to time.

D.

The Chief of Police, or his designee, shall determine, based on the background investigation and the information submitted with the application, whether a Massage Business Permit shall be issued. If the Chief of Police, or his designee, determines that the applicant is not qualified, the Chief of Police, or his designee, shall inform the applicant in writing and specify the reasons for the denial. The City may deny a Massage Business Permit for the following reasons:

i.

The applicant has provided materially false information in applying for a Massage Business Permit.

ii.

Within five (5) years immediately preceding the date of the filing of the application the applicant has been convicted of, or pled guilty to, any of the following offenses: violation of Penal Code sections 243.4, 261, 266a through 266j, inclusive, 267, 288, 314 to 316 inclusive, 318, 647a, 647b, 647d, 647i, 647j, any offenses requiring registration under Penal Code section 290 or Health and Safety Code section 11590; any felony offense involving the possession for sale, sale, transportation, furnishing, or giving away of a controlled substance specified in Health and Safety Code sections 11054 to 11058, inclusive, as amended; any offense in another state which if committed in California, would have been punishable as one (1) or more of the offenses mentioned here, any offense involving the use of force or violence upon the person of another, or any offense involving theft, embezzlement, or moral turpitude;

iii.

Within five (5) years immediately preceding the date of the filing of the application the applicant has had a massage license suspended or revoked; unless the applicant can show mitigating circumstances exist since the revocation or suspension.

E.

Any person aggrieved by the decision of the Chief of Police, or his designee, may appeal that decision to the City Manager, or his designee, by filing a notice of appeal within ten (10) days of being notified of the decision.

F.

An appeal must be in writing, shall explain the reason(s) for the appeal and mailed to the City Manager's Office, or his designee, with a filing fee of two-hundred-fifty dollars ($250.00) within five (5) days of the date of the written notice. The City Manager, or his designee, shall schedule a hearing within thirty (30) days and provide written notice of the time, date and location of the hearing to the appellant.

G.

The hearing shall be conducted pursuant to Modesto Municipal Code 1-6.505. The City Manager, or his designee, shall render a decision within thirty (30) days of the conclusion of the hearing, unless the parties agree otherwise. The City Manager, or his designee, shall notify the appellant in writing of the decision. The decision of the City Manager, or his designee, may be appealed pursuant to Modesto Municipal Code 1-6.507.

H.

If a Massage Business Permit is granted by the Chief of Police, or his designee, it shall be valid until such time as the permittee terminates the permit or the permit is suspended or revoked pursuant to Modesto Municipal Code Section 5-2.206. The permit shall be non-transferrable and cannot be sold.

I.

A Massage Business Permittee shall notify the Chief of Police, or his designee, in writing at least thirty (30) days after the sale of the massage business or establishment for which he/she obtained the Massage Business Permit is completed.

J.

A Massage Business Permit shall be non-transferable and every new owner of a massage business or establishment who does not qualify as a massage therapist and is not CAMTC Certified must obtain a Massage Business Permit before operating a massage business or establishment.

(Added by Ord. 3642-C.S., § 1, effective 3-24-16)