Sec. 7-3.09. Massage establishment permit -- Suspension, revocation, or restriction.
a.The massage establishment operator shall be responsible for the conduct of all massage establishment employees, agents, independent contractors, or other representatives while such persons are on the premises of the massage establishment or providing outcall massage services on behalf of the massage establishment.
b.Any massage establishment permit may be suspended, revoked, or restricted where the Police Chief finds that any of the following have occurred on even a single occasion:
1.The person(s) to whom the massage establishment permit has been issued, or any person employed or retained by the massage establishment, have violated any provision of this Article or any relevant California or federal law.
2.The permittee or any person employed or retained by the massage establishment has been convicted in a court of competent jurisdiction of having violated any of the following: California Penal Code Section 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22, or any other crime involving theft, dishonesty, fraud or deceit; or conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the state of California that is the equivalent of any of the aforesaid offenses. A violation of California Health and Safety Code Section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in California Health and Safety Code Section 11054, 11055, 11056, 11057 or 11058; or any offense under a statute of any state or ordinance of any city or county, which is the equivalent of any of the aforementioned offenses, including California Business and Professions Code Section 4609(a) or conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the state of California that is the equivalent of any of the aforesaid offenses.
3.The permittee or any person employed or retained by the massage establishment is required to register under California Penal Code Section 290.
4.The permittee has been subject to a permanent injunction against the conducting or maintaining of a nuisance pursuant to this code, or California Penal Code Sections 11225 through 11235, or any similar provision of law in any jurisdiction outside the state of California.
5.The permittee or any employee of the massage establishment has engaged in fraud or misrepresentation or has knowingly made a misstatement of material fact while working in or for the massage establishment.
6.The permittee has continued to operate the massage establishment after the massage establishment permit has expired or been suspended.
7.Massage is or has been performed on the premises of the massage establishment, with or without the permittee’s actual knowledge, by any person who is not a duly authorized CAMTC-certified massage professional. (Ord. 3674 § 7, 2023; Ord. 3517 § 3, 2015. Formerly 22-31.9)