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:
means, in the case of:
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.
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.
means the Department of Environmental Health of the County
of San Diego, which serves as the City's Health Department.
means the Health Officer of the County of San Diego or designees
that serves as the City's Health Officer.
means the business license to operate a "massage establishment"
required by this chapter. "License" and "permit" are sometimes used
interchangeably in this chapter.
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.
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:
"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.
"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.
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.
means an individual who is seeking or receiving a 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."
means the Sheriff of the County of San Diego, which serves
as the City's law enforcement agency.
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)
The Administrative Services Director is the issuing authority
for business licenses, massage establishment permits, and massage
technician permits.
(Ord. 2009-1092 § 2; Ord. 2012-1133 § 32)
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.
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;
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.
(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)
No massage establishment permit shall be transferable to another
person.
(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.
(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.
(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.
(Ord. 2009-1092 § 2)
No massage technician permit shall be transferable to another
person.
(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)
"Massage parlor" means a massage establishment as defined in Section 4.28.020.
(Ord. 2009-1092 § 2)
