Note: Prior history: Prior code §§ 261—288; Ords. 315, 2000-958 and 2005-1031.
A. 
It is the purpose of this chapter to provide for the orderly regulation of massage businesses.
B. 
It is unlawful for any person (including without limitation, a corporation, partnership, group or association) to commence, conduct, own, manage, operate, be in charge of, participate in, or sponsor a massage business in violation of any of the requirements of this chapter.
(Ord. 2009-1092 § 2)
For the purpose of this chapter, the following words and phrases shall have the meanings ascribed to them in this section:
"Applicant"
means, in the case of:
1. 
Sole proprietor: the individual;
2. 
Partnership: each individual partner;
3. 
Association: each individual member;
4. 
Corporation: each officer, director, and holder of five percent or more of the corporation's stock.
"Certificate holder"
means a person possessing a valid, non-expired certificate to practice massage pursuant to Business and Professions Code Section 4600 et seq., or a business where only certificate holders administer massage, per Business and Professions Code Section 4612.
"Educational credentials for massage technicians"
means written proof of graduation from a school or institution of learning which is approved by the California Massage Therapy Council; and which requires a residence course of study that is not less than 500 hours; and which issues a diploma or certificate upon graduation, except that those continuously possessing valid, non-expired licenses from the City of Imperial Beach do not need to meet this requirement.
"Health Department"
means the Department of Environmental Health of the County of San Diego, which serves as the City's Health Department.
"Health Officer"
means the Health Officer of the County of San Diego or designees that serves as the City's Health Officer.
"License"
means the business license to operate a "massage establishment" required by this chapter. "License" and "permit" are sometimes used interchangeably in this chapter.
"Massage"
means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.
"Massage business"
means a commercial activity involving, in whole or in part, the recurring giving or administering of massages. A massage business includes a certificate holder except where otherwise provided. A massage business may involve, among other things:
1. 
"Massage establishment"
means a fixed location at which a massage business engages in or carries on a commercial activity involving, in whole or in part, the recurring giving or administering of massages on the premises.
2. 
"Off-premises massage service"
means the business of providing massage services by appointment at a location other than premises licensed as a massage establishment. It includes massage technicians who provide off-premises massage services and who are self-employed and/or who contract with or work for a business other than a massage establishment.
"Massage technician"
means any individual who, for commercial purposes, gives or administers, or offers to give or administer, a massage to another individual. "Massage technician" includes a holistic health provider. A massage technician includes a certificate holder unless otherwise provided.
"Patron"
means an individual who is seeking or receiving a massage.
"Recognized school of massage"
means any school or institution of learning, which has for its purposes the teaching of the theory, method, profession, or work of massage, which school or institution has been approved by the California Massage Therapy Council, and which requires a resident course of study of not less than 500 hours to be given in not less than six calendar months before the student shall be furnished with a diploma or a certificate of graduation. A school offering a correspondence course, but not requiring attendance, is not a "recognized school of massage."
"Sheriff"
means the Sheriff of the County of San Diego, which serves as the City's law enforcement agency.
"Specified anatomical areas"
mean pubic region, human genitals, perineum, anal region and the area of the female breast that includes the areola and the nipple.
(Ord. 2009-1092 § 2)
A. 
An exempt individual may commence, conduct, own, manage, operate, be in charge of, participate in, or sponsor a massage business without having a massage establishment permit and without complying with the regulations of the other sections of this chapter, so long as all massages that are part of the individual's massage business comply with each of the following requirements:
1. 
Are administered under the control and direction of such exempt individual;
2. 
Are part of the performance of the exempt individual's profession or activity;
3. 
Are administered by a person who possesses a valid massage technician permit or is exempt from such requirement;
4. 
No person involved in the activities of the individual has been convicted of a crime within five years, which would allow the City to deny an application for a massage establishment license.
B. 
Exempt individuals: so long as the requirements of subsection A of this section are being met, for purposes of this chapter, an "exempted individual" is one who is within one or more of the following categories:
1. 
Physicians, surgeons, chiropractors, osteopaths, psychiatrists, psychologists, clinical social workers, family counselors and acupuncturists who are licensed to practice their respective professions in the State or who are permitted to practice temporarily under the auspices of an associate or business duly licensed in the State;
2. 
Registered nurses, practical nurses, and licensed vocational nurses who possess a current and valid license from the State of California to practice their respective profession in this State, and who administer a massage in the normal course of nursing duties;
3. 
Trainers employed by any amateur, semiprofessional or professional athlete or athletic team, and who administer a massage in the normal course of training duties;
4. 
Barbers and beauticians who possess a current and valid license from the State of California to practice their respective profession in this State, and who administer a massage in the normal course of their duties;
5. 
Any duly licensed business in which the above-described persons are the only ones who practice their respective professions;
6. 
Hospitals, nursing homes, sanitariums, persons holding an unrevoked certificate to practice the healing arts under the laws of the State, or persons working under the direction of any such person or in any of such businesses.
C. 
Renting office or workspace at an otherwise exempt location does not provide the renter with an exemption from this chapter.
D. 
The exemptions described in this section do not relieve any massage technicians who are employed by an exempt individual from the requirements of this chapter.
E. 
No holistic health provider (as defined in this section) needs to obtain a massage technician permit if: (1) that person has either been registered with the City of Imperial Beach as of the initial reading of October 8, 2009; (2) maintains the same employer; and (3) maintains the same business location.
No business employing a holistic health provider needs to obtain massage establishment permit if: (1) the holistic health provider has been registered in or has a business license from the City of Imperial Beach as of October 8, 2009; (2) the business does not employ any person to practice massage who is not such a holistic health provider or certificate holder; (3) the business does not change ownership; and (4) the business location does not change.
A "holistic health practitioner" is a nonmedical health care technician who uses massage in a therapeutic approach to caring for patrons. The practice of such health care technician may include other services such as nutritional assistance or counseling as long as all massage activities are directed toward health care. To qualify for this exemption, the person, prior to initiating the conduct of a massage business within the City, must first present themselves to the issuing authority to be registered and provide proof of:
1. 
Satisfactory completion of no less than 1,000 hours of instruction in such specialty and therapeutic approach at a school whose curriculum is accredited by the State of California;
2. 
Evidence of passing a qualified written examination prepared by the Health Department and administered by the Sheriff establishing competency and ability of the applicant to engage in the practice of massage;
3. 
Proof of membership in a State or nationally chartered organization devoted to the practitioner's specialty or therapeutic approach whose members are subject to a code of behavior that is effectively enforced against members by the organization and which requires participation in continuing education; and
4. 
Evidence of passing an examination prepared and conducted by the Health Department wherein the applicant shall be required to demonstrate a basic knowledge of anatomy, physiology, hygiene and manual and mechanical massage.
(Ord. 2009-1092 § 2)
No person other than a certificate holder shall maintain or allow a massage establishment on any premises within the City of Imperial Beach without an annual permit license for the operation of a massage establishment issued by the issuing authority, which remains in effect in conformity with the provisions of this chapter.
(Ord. 2009-1092 § 2)
The application for a permit to operate a massage establishment shall set forth the exact nature of the massage to be administered, the proposed place of business and facilities therefor, and the name and address of each applicant.
In addition to the foregoing, any applicant for a license shall furnish the following information:
A. 
The two previous addresses of the applicant immediately prior to the present address of the applicant;
B. 
Written proof satisfactory to the Sheriff that the applicant is over the age of 18 years;
C. 
Applicant's height, weight, color of eyes and hair;
D. 
Four portrait photographs, at least two inches by two inches. The Sheriff shall retain one photograph and one photograph shall be affixed to the license;
E. 
Business, occupation, or employment history of the applicant for the five years immediately preceding the date of application;
F. 
The business license or permit history of the applicant: whether such person, in previously operating in this or another country, city or state, under license or permit, has had such license or permit suspended or revoked, the reason therefor, and the business activity or occupation subsequent to such suspension or revocation;
G. 
Whether such person has ever been convicted of any crime, including those dismissed pursuant to Penal Code Section 1203.4, except misdemeanor traffic violations. If any person mentioned in this subsection has been so convicted, a statement must be made giving the place and court in which such conviction was had, the specific charge under which the conviction was obtained, the sentence imposed as a result of such conviction, and the circumstances surrounding the crime for which he or she was convicted;
H. 
Such other identification and information reasonably necessary for the City to discover the truth of the matters required to be set forth in this section;
I. 
The applicant will obtain his or her own LiveScan fingerprints from a law enforcement agency or other person or agency which may properly administer LiveScan screenings under California and federal law;
J. 
If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its article of incorporation, together with the names and residence addresses of each of its current officers, directors, and each stockholder holding more than five percent of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to corporate applicant apply.
(Ord. 2009-1092 § 2)
Upon receipt of the application, the issuing authority shall collect the authorized permit fee. The issuing authority shall retain one photograph of the applicant to be attached to the permit. Then, the issuing authority shall deliver a copy of the application to the following:
A. 
The Health Department to conduct an inspection of the premises of any proposed massage establishment and report on compliance with health-related regulations.
B. 
The Planning Department:
1. 
To determine the proposed activity's conformance to the City's land use regulations; and
2. 
To conduct an inspection of the premises of any proposed massage establishment and report on compliance with the facilities requirements of this chapter.
C. 
The Sheriff's Department to conduct a review and background check and report on the applicant's suitability under this chapter. The issuing authority shall send one photograph of the permittee to the Sheriff. Upon receipt of such application, the Sheriff's Department shall have a reasonable time, not to exceed 30 days, to investigate the applicant and background of the applicant. This investigation period may be extended for good cause by the City Manager.
(Ord. 2009-1092 § 2)
A. 
The City Council, by resolution, shall establish application fees to cover the cost of processing applications and conducted preissuance inspections and investigations; and permit issuance fees for post issuance inspections and the enforcement of the provisions of this chapter.
B. 
The amount of the fees shall include the charges fixed by the Sheriff's Department, or any other outside person or agency for providing services to the City in the administration of this chapter.
C. 
The fee described in this section does not apply to certificate holders.
(Ord. 2009-1092 § 2)
A. 
A permit shall be issued within 30 days of receipt of the application to any applicant who has furnished all the information required by this section in the application for such license provided that all of the following requirements are met:
1. 
The applicant has not knowingly made a material false statement in the application for the license;
2. 
The applicant, if an individual, or in the case of an applicant which is a corporation or partnership, any of its officers, directors, holders of five percent or more of the corporation's stock, or partners, has not within five years immediately preceding the date of the filing of the application been convicted in a court of competent jurisdiction of all criminal convictions, including those dismissed pursuant to Penal Code Section 1203.4, except traffic, and a statement of the dates and places of such convictions;
3. 
The massage establishment proposed by the applicant complies with all applicable laws including, but not limited to, health, zoning, fire and safety requirements and standards;
4. 
The applicant is at least 18 years of age;
5. 
The applicant has not had a massage establishment, adult massage technician, escort service, sexual encounter studio, nude photo studio, or similar type of license or permit suspended or revoked for good cause within the three years immediately preceding the date of the filing of the application, unless the applicant can show a material change in circumstances since the revocation or suspension;
6. 
The applicant has fulfilled the requirements of Section 4.28.150 of this chapter;
7. 
The application includes payment of a nonrefundable annual fee, which shall be set periodically by resolution of the City Council; and
8. 
The City Manager has not extended the investigation period for the license application.
B. 
The massage establishment license shall:
1. 
Identify the applicant;
2. 
Identify the place of business;
3. 
Identify the massage establishment, if any, and state:
a. 
The maximum number of patrons for which the massage establishment can render on-site, simultaneous massages,
b. 
Whether the massage establishment permit allows male and female patrons to be served simultaneously,
c. 
The number of employees needed to serve the maximum number of patrons for which the massage establishment can render on-site simultaneous massages, and
d. 
Whether the massage establishment permit allows for male and female employees to be on premises simultaneously;
4. 
Specifically permit off-premises massage service, if appropriate;
5. 
Impose conditions that are reasonably necessary to the businesses compliance with the regulations of this chapter;
6. 
Specify a permit expiration date, one year from the date of issuance; and
7. 
Expressly state that while the massage establishment permit authorizes the business to be conducted, each person who gives or administers a massage as part of that business is required to have a massage technician permit.
C. 
A massage establishment permit shall not be issued until the Health Department, the Sheriff, and the Planning Department have notified the issuing authority in writing that the applicant has fulfilled the requirements of this chapter.
D. 
The permit must be renewed on a year-to-year basis. Renewal fees are due and payable one year from the issuance date. Application for renewal shall be on the same application form as required by Section 4.28.060 of this chapter.
(Ord. 2009-1092 § 2)
Except for certificate holders, every massage establishment shall keep for a period of 90 days a record of the date and hour of each treatment, fee charged for services and the name of the technician administering such treatment. Such record shall be open to inspection by officials charged with the enforcement of the provisions of this chapter. The information furnished or secured as a result of any such inspection shall be confidential.
(Ord. 2009-1092 § 2)
The investigating officials of the City, the Sheriff, and the San Diego County Health Officer shall have the right as otherwise provided for by law to enter the premises of a massage establishment from time to time during regular business hours for the purpose of making reasonable inspection to enforce compliance with building, fire, electrical, plumbing, and health regulations, or any other provision of this chapter. This section shall not restrict or limit the right of entry vested in any law enforcement agency to enter for a law enforcement purpose.
(Ord. 2009-1092 § 2)
Except for certificate holders, the change of location of a massage establishment is prohibited, unless application for a new location is made pursuant to Section 4.28.060 of this chapter.
(Ord. 2009-1092 § 2)
A. 
Upon the sale or transfer of any interest in a massage establishment, any permit issued under this chapter shall be null and void.
B. 
Any application for an extension or expansion of the building or other place of business of the massage establishment shall require an inspection and shall require compliance with Section 4.28.060 of this chapter.
(Ord. 2009-1092 § 2)
No person, association, partnership or corporation shall engage in, conduct, or permit the operation of a massage establishment unless each and all of the following requirements are met:
A. 
Each person employed or acting as an adult massage technician shall be a certificate holder or have a valid permit issued pursuant to the provisions of this chapter, and it is unlawful for any owner, operator, responsible managing employee, manager, certificate holder, permittee or licensee in charge of or in control of a massage establishment to employ or permit any person to act as an adult massage technician who is not in possession of a valid and current certificate or permit.
B. 
The possession of a valid massage establishment permit does not authorize the possessor to perform work for which a massage technician permit is required.
C. 
Massage operations shall be carried on and the premises shall be open only between the hours of 7:00 a.m. and 9:00 p.m.
D. 
A list of services available and the cost of such services shall be available for inspection upon request of the public or any official authorized to make any inspection of the premises. The service shall be described in readily understandable language. No owner, operator, responsible managing employee, manager, permittee or licensee in charge of or in control of the massage establishment shall permit and no adult massage technician shall offer to perform, nor shall perform, any service other than those listed and available for inspection. This subsection does not apply to certificate holders.
E. 
The massage establishment permit, public health permit, and a copy of the permit or certificate of each and every adult massage technician employed by or working in the establishment shall be kept in one place, readily available for inspection. This section does not supersede any other requirement concerning the display of licenses and permits.
F. 
Clean and sanitary towels, sheets and linens shall be provided for each patron receiving massage services. No common use of towels or linens shall be permitted, and reuse is prohibited unless linens have been first laundered. Heavy white paper may be substituted for sheets, provided that such paper is used once for each person, and then discarded into a sanitary receptacle.
G. 
Disinfecting agents and sterilizing equipment sufficient to assure cleanliness and safe conditions shall be provided for any instruments used in performing any massage.
H. 
Pads used on massage tables shall be covered with durable, washable plastic or other waterproof material.
I. 
Each massage establishment shall provide to all patrons clean, sanitary and opaque coverings capable of covering the patron's specified anatomical areas. Such coverings shall be used for one customer only and shall not be reused without first being cleaned.
J. 
No owner, operator, responsible managing employee, manager, certificate holder, permittee or licensee in charge of or in control of a massage establishment shall permit a massage to be given unless the patron's specified anatomical areas are covered during the entire massage by the covering referred to in subsection I of this section.
K. 
With the exception of bathrooms or dressing rooms not open to public view, no owner, operator, responsible managing employee, manager, certificate holder, permittee or licensee in charge of or in control of any massage establishment shall permit any person in any area within the massage establishment which is used in common by the patrons or which can be viewed by patrons from such an area, unless such person's specified anatomical areas are fully covered.
L. 
No owner, operator, responsible managing employee, manager, certificate holder, permittee or licensee in charge of or in control of massage establishment shall permit any adult massage technician or certificate holder to perform any service or task while in the presence of a patron or to be on the premises of a massage establishment during its hours of operation unless the adult massage technician is fully covered from a point not to exceed four inches above the center of the kneecap to the base of the neck. Such covering shall be of an opaque material and shall be maintained in a clean and sanitary condition.
M. 
No owner, operator, responsible managing employee, manager, certificate holder, permittee or licensee in charge of or in control of a massage establishment shall permit any person to massage or intentionally touch the specified anatomical areas of another person while performing the services of an adult massage technician.
N. 
A massage establishment shall not be operated as a school of massage, or use the same facilities as that of a school of massage. This subsection does not apply to certificate holders.
O. 
Alcohol or Drugs.
1. 
No massage business operator shall permit a person to be or remain in any part of a massage establishment while such person is in the possession of, consuming, using or under the influence of any alcoholic beverage or drug, except pursuant to a doctor's prescription.
2. 
It is unlawful for any person to be or remain in any part of a massage establishment while in the possession of, consuming, using or under the influence of any alcoholic beverage or drug, except pursuant to a doctor's prescription.
P. 
Access to Establishment.
1. 
Each entrance to the massage establishment, regularly used by the public for ingress or egress to such establishment, shall remain unlocked during business hours. This subsection does not apply to certificate holders.
2. 
The massage business operator shall allow City officials to enter the massage establishment from time to time for the purpose of making reasonable inspections to observe and enforce compliance with the applicable regulations, laws, and the provisions of this chapter.
Q. 
Facilities to Serve Patron. Except for certificate holders, based on the maximum number of patrons for which the massage establishment can simultaneously render on-premises massages, there shall be:
1. 
One or more dressing rooms for the exclusive use of patrons with sufficient capacity to serve the maximum number of patrons.
2. 
A minimum of one separate locker available for each patron, capable of being locked by the patron, with sufficient size and strength to protect the clothing and valuables of the patron.
3. 
A minimum of one shower or tub for each six patrons, or portion thereof.
4. 
For every six patrons, or portion thereof: one toilet and one wash basin located together, within or as close as practicable to the area devoted to giving or administering the massage.
a. 
The operator must control the toilet area to insure that it is not accessible by both sexual genders at the same time.
b. 
The provision of each required wash basin shall include, at all times: (1) hot and cold running water provided through a mixing faucet; (2) hand washing soap or detergent immediately available in a permanent, wall mounted dispenser; and (3) sanitary towels immediately available in a permanent, wall mounted dispenser.
5. 
A separate massage room for each patron.
6. 
In those establishments where steam room or sauna baths are provided, if the massage establishment permit allows male and female patrons to be served simultaneously, each steam room and sauna room shall be posted and directly controlled to insure that neither is accessible by both sexual genders at the same time.
R. 
Signs.
1. 
At the main entrance of the massage establishment, in compliance with the sign regulations of this chapter, a recognizable and legible sign shall be posted which identifies the premises as a massage establishment.
2. 
Within the massage establishment, in an open and conspicuous public place on the premises, the massage business operator shall post and at all times maintain a list of services available and the cost of such services. The services shall be described in readily understandable language. This subsection does not apply to certificate holders.
(Ord. 2009-1092 § 2)
Except for certificate holders, it is unlawful for any person to act as a massage technician without a permit. Except for certificate holders, any person desiring to engage in off-premises massage must obtain an off-premises massage business permit.
(Ord. 2009-1092 § 2)
Each applicant for a massage technician permit or an off-premises massage business permit shall furnish the following information to the Sheriff's Department:
A. 
The full true name and any other names ever used by the applicant;
B. 
The current residential address and telephone number of the applicant;
C. 
Each residential and business address of applicant for the five years immediately preceding the date of the application, and the inclusive dates of each such address;
D. 
Written proof that the applicant is at least 18 years of age;
E. 
Applicant's height, weight, color of eyes and hair;
F. 
Photographs of the applicant as specified by the Sheriff's Department;
G. 
Applicant's business, occupation and employment history for the five years immediately preceding the date of application;
H. 
Whether the applicant has ever had any license or permit issued by any agency or board, or any city, county, state or federal agency revoked or suspended, or has had any professional or vocational license or permit revoked or suspended within five years immediately preceding the application, and the reason for the suspension or revocation;
I. 
All criminal convictions, including those dismissed pursuant to Penal Code Section 1203.4, except traffic, and a statement of the dates and places of such convictions;
J. 
The massage establishment at which the applicant expects to be employed, or a business address for the off-premises massage business;
K. 
Proof of the satisfactory completion of 500 hours of instruction from any state-approved school in a massage specialty and a therapeutic approach in caring for clients. The applicant must provide the Sheriff's Department with proof that the school(s) attended by the applicant was a state-approved school;
L. 
Proof of successful completion of a national certification exam administered by a national professional certification organization approved by the California Massage Therapy Council;
M. 
Each applicant shall obtain a LiveScan fingerprint analysis;
N. 
Such other identification and information as may be required in order to discover the truth of the matters specified in this section.
(Ord. 2009-1092 § 2)
A. 
Each application for a massage technician permit shall be accompanied by a nonrefundable investigation fee in an amount to be determined periodically by resolution of the City Council. Such fee shall be in addition to any business tax required to be paid by the terms of this chapter.
B. 
Upon receipt of an application, the Sheriff's Department shall have a reasonable time, not to exceed 30 days, to investigate the application and background of the applicant. The investigation period may be extended for good cause by the City Manager.
C. 
A person who holds a valid massage establishment permit and who applies for a massage technician permit pursuant to Section 4.28.170 may be issued a permit without paying the fee required in subsection A of this section.
(Ord. 2009-1092 § 2)
A. 
A massage technician permit shall be issued within 30 days of receipt of the application to any applicant who has furnished all of the information required by Section 4.28.170 of this chapter in the application for such license, provided that all of the following requirements are met:
1. 
The applicant has not knowingly made a material false statement in the application for the permit;
2. 
Whether such person has ever been convicted of any crime, including those dismissed pursuant to Penal Code Section 1203.4, except misdemeanor traffic violations. If any person mentioned in this subsection has been so convicted, a statement must be made giving the place and court in which such conviction was had, the specific charge under which the conviction was obtained, the sentence imposed as a result of such conviction, and the circumstances surrounding the crime for which he or she was convicted;
3. 
The applicant has not had a massage establishment, adult massage technician, escort service, sexual encounter studio, adult modeling studio or similar type of license or permit suspended (for one year or more) or revoked for good cause within the three years immediately preceding the date of the filing of the application, unless the applicant can show a material change in circumstances since the revocation or suspension;
4. 
The applicant has otherwise complied with all other applicable provisions of this chapter; and
5. 
The City Manager has not extended the investigation period for the permit application.
B. 
An application for a massage technician permit must be accompanied by the first annual nonrefundable fee for adult massage technicians, in an amount to be set periodically by resolution of the City Council.
C. 
The permit must be renewed on a year-to-year basis. Application for renewal shall be on the same application form as required by Section 4.28.170 of this chapter, and shall be accompanied by the annual fee described in subsection B of this section.
(Ord. 2009-1092 § 2)
It is unlawful for a massage business operator other than a certificate holder to provide, or offer to provide an off-premises massage service unless:
A. 
The massage technician is in possession of, and is in full compliance with the terms of, a validly issued, unexpired, and unrevoked massage technician permit;
B. 
The massage technician is working as part of a massage business which is in possession of, and is in full compliance with the terms of, a validly issued, unexpired, and unrevoked massage technician permit;
C. 
The massage is offered to be given or administered in full compliance with the regulations of this chapter;
D. 
The massage is given or administered in full compliance with the regulations of this chapter; and
E. 
Before the massage is given or administered, the massage technician shall present to the patron a written document which lists the services available and the cost of such services. The services shall be described in readily understandable language.
(Ord. 2009-1092 § 2)
A. 
Denial. Within 10 days of the denial by the issuing authority of an application for any license or permit described in this chapter, the applicant may file with the City Manager a written request for hearing. At such hearing, evidence shall be received for the purpose of determining whether or not such denial shall be upheld. Following the hearing, notification of and reasons for the determination shall be set forth in writing and sent to the applicant by means of registered or certified mail, or hand delivery.
B. 
Suspension or Revocation. Any license or permit described in this chapter may be suspended or revoked by the issuing authority for any violation of a permit, any violation of any provision of this chapter, or any violation of any other article, ordinance, or law relating to or regulating the massage establishment, adult massage technician, or alternative health care practitioner. The issuing authority or designee shall serve a notice of intent to suspend or revoke a permit of the massage establishment, adult massage technician or alternative health care practitioner at least three days prior to the date of suspension or revocation. Such notice shall be served personally on the manager or owner of the massage establishment, on the adult massage technician, or on the alternative health care practitioner.
C. 
Within three days of receiving a notice of intent to suspend or revoke a license, the aggrieved party may appeal the notice to the City Manager by delivering a written explanation to the City Manager regarding why the revocation or suspension is being contested. The suspension or revocation shall not be enforced pending the appeal.
D. 
Within 10 days of receiving the notice of appeal, the City Manager shall set the matter for hearing before an administrative officer or board, at which the Hearing Officer or board shall consider the reasons for the revocation or suspension, and at which the aggrieved party shall be entitled to appear and contest the reasons for the revocation or suspension. Notice of the hearing shall be provided to all parties at least three days prior to the hearing.
E. 
Within three days of the hearing, the City Manager shall issue a written decision regarding the suspension or revocation. The decision of the City Manager shall be final.
F. 
Nothing in the procedures for suspension or revocation set forth in this section shall prohibit the issuing authority from taking immediate action to suspend any license or permit described in this chapter if there is an urgency of immediate action to protect the public from injury or harm, or where a license or permit has been issued based on material misrepresentations in the application and but for the material misrepresentations, the license or permit would not have been issued. In such cases, the suspension or revocation shall be effective immediately upon service of the notice by the issuing authority, and the aggrieved party may pursue a subsequent hearing by following the procedures set forth in subsection B and following of this section.
(Ord. 2009-1092 § 2)
Any person, firm or corporation violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in an amount not to exceed $1,000.00 or imprisonment in the County Jail not to exceed six months, or both.
(Ord. 2009-1092 § 2)
In addition to the legal remedies provided for in this code, the violation of any provision of this chapter shall be deemed a public nuisance, and may be enjoined by the City of Imperial Beach.
(Ord. 2009-1092 § 2)
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The Council hereby declares that it would have adopted the division and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
(Ord. 2009-1092 § 2)