Other than as specifically exempted by section 4.04.003, no person shall operate a massage establishment who does not have a current valid license to do so.
(1999 Code, sec. 112.15)
(a)
Any person to whom this part is applicable and who operates a massage establishment or gives massages for a charge shall make application for the required license. In the event that the person making application is unable to complete the application due to a deficiency in the required training, he shall be given a period not to exceed seven months in which to obtain the necessary training. A temporary license may be issued under this section when the applicant presents satisfactory evidence to the city manager of his intent to obtain the required training from a recognized instructional facility. This section shall apply to both an initial license or a renewal of an existing license. The application shall be filed with the city manager, and no massage establishment shall engage in the business of providing massages within the city until the license has been issued.
(b)
The city shall provide to an applicant for a massage establishment license a form containing the required information, which shall be completed and filed with the city.
(c)
The application shall be executed under oath attesting to the truth and accuracy of the information contained therein. The application shall request of the applicant the following information:
(1)
A detailed description of the business to be operated.
(2)
The name of the business.
(3)
The location where the business is proposed to be carried on and the telephone number at that location.
(4)
The legal name of the applicant for the license. If the applicant is a corporation, the date upon which such corporation was registered pursuant to the laws of the state, the name of its registered agent, and the address of its registered office if the same is different from the address of the location of the business. If the business is not a corporation, the name, home addresses and home telephone numbers of all persons having an ownership interest in such business.
(5)
The addresses of any residences of the applicant within the 90 days preceding the date of the application.
(6)
The home address of the applicant and his telephone number and the length for which the applicant has been a resident of such address.
(7)
The social security and federal employer’s identification number of the applicant.
(8)
The name, address, birthdate, social security number, current telephone number and sex of each massagist presently employed, or who will be employed, by the applicant. For each named massagist, a copy of a health certificate as defined in this article, issued not more than 15 days prior to the submittal of this application, shall be attached to the application.
(9)
Names and addresses of all persons or legal entities owning and/or controlling the applicant, including but not limited to all partners, principals or managers, and also, if the applicant is a corporation, the officers, directors and shareholders holding at least 10% of the stock of the corporation.
(10)
Disclosure as to all employees of the applicant and any and all partners, managers or principals of the applicant, and also, in the event the applicant is a corporation, all officers, directors or stockholders holding 10% or more of the capital stock of the applicant, specifying all final convictions occurring within five years of the date of such application of any federal or state offense which is a felony or any misdemeanor offense of sodomy, procuring, pandering, keeping a bawdy or lewd house, keeping an assignation house and engaging in prostitution, purchasing or selling dangerous drugs, assault or battery. If such a conviction is disclosed, the disclosure shall specify the nature of the crime, the name of the person so convicted, the date of conviction, and the jurisdiction in which the conviction was entered.
(11)
That the applicant acknowledges that, pursuant to this article, the city shall have the power and authority to conduct an independent inquiry or investigation as to the information above provided and that, if such inquiry or investigation reveals any dispute as to the accuracy or completeness of such information, the city has the authority to require the applicant to provide a recently made photograph and fingerprinting of the person about whom such information is disputed, and the applicant shall be required to provide such to the city upon the request of that official prior to that official making a final decision as to approving or denying the license.
(12)
The name, address and telephone number of the owner of the real property on which the massage establishment will be located so that said party may be located if necessary by city employees or officials during day or evening hours.
(1999 Code, sec. 112.16)
The holder of any license issued pursuant to this part shall, within seven days from the occurrence of any event which causes a change in the information required by section 4.04.062, transmit the same in writing to the city. Such transmittal shall specify the changed information in the same manner as if the information was specified in the original license application.
(1999 Code, sec. 112.17)
Licenses issued pursuant to this part shall be valid, except as otherwise provided in this article, from the date of issuance through December 31 of the year in which the license is issued.
(1999 Code, sec. 112.19)
Any license obtained pursuant to this part shall be posted and kept in a conspicuous place in the massage establishment.
(1999 Code, sec. 112.20)
Any license issued pursuant to this part shall not be assignable to any other person.
(1999 Code, sec. 112.21)
A license issued pursuant to this part shall be valid only at the location specified in the license as issued. Any change in the location of the massage establishment other than by ceasing business at a location shall require the filing of an application for a license pursuant to the requirements of this part. In the event such application is filed for the purpose of changing the location of the massage establishment without adding thereto any total number of locations in excess of those for which the applicant presently holds a license, no additional license fee for the calendar year in which the massage establishment holds a valid license pursuant to this section shall be charged, except that the city manager may impose a processing charge per application in such event as provided in section A4.04.068 of the fee schedule in appendix A to this code.
(1999 Code, sec. 112.22; Ordinance adopting Code)