This chapter shall be known as the "Massage Enterprises and
Providers" ordinance.
(SCC 1304 § 18, 2005; SCC 1595 § 2, 2016)
In enacting this chapter, the Board of Supervisors recognizes
that commercial massage therapy is a professional pursuit that can
offer the public valuable health and therapeutic services. However,
the Board of Supervisors also finds that, unless properly regulated,
the practice of massage and the operation of massage enterprises may
be associated with unlawful activity and pose a threat to the quality
of life in the local community. Accordingly, it is the purpose and
intent of this chapter to protect the public health, safety, and welfare
by providing for the orderly regulation of enterprises providing massage
services, discouraging prostitution, human trafficking, and related
illegal activities carried on under the guise of massage therapy;
and establishing certain sanitation, health, and operational standards
for massage enterprises.
There has been a proliferation throughout the County of Sacramento
of massage enterprises and similar businesses which operate as fronts
for houses of prostitution and harm legitimate massage therapy providers
by perpetuating stereotypes of the "massage parlor" as a source of
illicit sexual activity. Past regulation of these enterprises by the
County has been unsuccessful because the enterprises evade the regulations
by changing their names and business descriptions to indicate different
objects or purposes from the types of businesses regulated and change
or cloud their management and ownership.
A system of requiring regulatory licenses for all massage enterprises
and for those persons rendering massage services to customers will
assist in assuring illegal activities do not occur on the premises
or otherwise in connection with the enterprise within the unincorporated
area of the County. If criminal activity occurs on the enterprise
premises, or if other provisions of this chapter are violated, the
licenses are subject to suspension or revocation. Violators of this
chapter may also be criminally liable. These provisions will give
the County both preventative and investigatory tools to control illegal
activity in such enterprises, and will promote and protect the public
health, safety, and welfare.
Furthermore, it is the purpose and intent of this chapter to
address the negative impacts of illicit massage enterprises to reduce
or prevent neighborhood blight, to protect and preserve the quality
of the County neighborhoods and commercial districts, and to enhance
enforcement of criminal statutes relating to the conduct of operators
and employees of massage enterprises.
It is the intent of the Board of Supervisors that where activity
regulated under this title is conducted in exchange for a fee or other
consideration, the holder of a Massage Enterprise Special Business
License shall be responsible for all activity relating to such activity
that occurs on or from the enterprise premises.
This chapter is enacted pursuant to the provisions of Section
51034 of the California Government Code.
(SCC 1304 § 18, 2005; SCC 1595 § 2, 2016)
For purposes of this chapter, the following terms shall be ascribed
the following meanings:
A.
"Massage"
means any method of pressure or friction against, or stroking, kneading,
rubbing, tapping, percussion, vibrating or stimulating of the external
surfaces of the body with hands or with any object, appliance or wrap.
B.
"Massage
enterprise" means any enterprise that offers massage, whether or not
at a fixed location. Massage enterprises include, but are not limited
to, massage establishments, out-call massage services, home occupations,
and independent contractors offering massage services for pecuniary
compensation, consideration, hire or reward.
C.
"Massage
establishment" means any enterprise at a fixed location that offers
massage, except for "home occupations," as defined in Section 7.3
of the Sacramento County Zoning Code.
D.
"Out-call
massage service" means any enterprise that provides, refers or otherwise
facilitates massage not at a fixed location for pecuniary compensation,
consideration, hire or reward.
E.
"Massage
provider" means any person who for pecuniary compensation, consideration,
hire or reward, engages in the practice of massage, but who is not
the owner of a massage enterprise.
F.
"Owner" of a massage enterprise, means any person who has any ownership interest in a massage enterprise. An "owner" includes, but is not limited to, a person who conducts, manages, employs, contracts with, leases to, supervises, directs, organizes, controls, or in any other way carries on, the operation of a massage enterprise. "Owner" is the holder of the Massage Enterprise Special Business License required by Section 4.36.040. "Owner" includes an independent contractor who provides massage services for pecuniary compensation, consideration, hire, or reward, at a massage establishment, home occupation, or through an out-call massage service.
G.
"Massage manager" means the individual possessing the requisite qualifications, as set forth in Section 4.36.015, having been duly appointed by the owner and clearly designated in the enterprise's personnel register, as defined in Section 4.36.090(C), having the authority and responsibility to supervise personnel employed or retained to perform massage services and to supervise delivery of services on or from the premises.
(SCC 1304 § 18, 2005; SCC 1595 § 2, 2016)
A massage manager shall meet the minimum requirements for a Massage Provider Special Business License, as set forth in Section 4.36.160, and shall possess a Massage Provider Special Business License as described by Section 4.36.100. However, if the massage manager holds an active, valid certificate from the California Massage Therapy Council, the massage manager is not required to comply with Section 4.36.160(C), unless or until said certificate expires, is revoked, or is otherwise terminated.
An owner of the massage enterprise, meeting the requirements
of this section and of this chapter, may be the massage manager.
If the owner intends to personally provide massage services on or from the premises of the enterprise, the owner shall meet the minimum requirements for a Massage Provider Special Business License, as set forth in Section 4.36.160, but shall not be required to obtain a Massage Provider Special Business License pursuant to Section 4.36.100. However, if the owner(s) hold active, valid certificates from the California Massage Therapy Council, the owner(s) are not required to comply with Section 4.36.160(C), unless or until said certificates expire, are revoked, or are otherwise terminated.
Those massage managers and massage enterprise owners who, as of the effective date of this ordinance, possess Special Business Licenses issued in accordance with this chapter and authorizing them to personally perform massage, which licenses having not been revoked, suspended or found to have been in violation of this Code during their term, and who have not been convicted of any felony, crime of moral turpitude or any of the offenses enumerated in Section 4.36.200(B), shall be deemed and recognized as possessing the requisite minimum qualifications in the field of massage as required in Section 4.36.160(A). Said recognition will extend to each subsequent renewal of the Special Business License for the massage enterprise owner or massage manager, provided the continuity of the license remains uninterrupted by revocation, suspension or lapse in its term.
(SCC 1595 § 3, 2016)
Neither the provisions of this chapter nor Chapter 4.10 shall be applicable to or include the following:
A.
Hospitals,
nursing homes, sanitariums, or other health care facilities duly licensed
by the State of California and persons working in any such establishments.
B.
Persons
holding an unrevoked certificate to practice the healing arts under
the laws of the State of California, including, but not limited to,
physicians, surgeons, chiropractors, osteopaths, podiatrists, acupuncturists,
physical therapists, registered nurses or state licensed vocational
nurses; or massage providers working under the direct, personal supervision
of any such persons, who perform massage exclusively on such person's
patients.
C.
Barbers
or cosmetologists lawfully carrying out their particular occupation
or business, and holding a valid, unrevoked license or certificate
of registration issued by the State of California; while engaging
in practices within the scope of their licenses, limited solely to
massaging of the neck, face, scalp, feet up to the knee, or hands
up to the elbow of the client. This includes manicurists, nail technicians
and estheticians license by the State of California as required by
the Barbering and Cosmetology Act.
D.
A school
of massage that meets the requirements for qualifying as an approved
school of massage as defined in Division 2, Chapter 10.5, of the Business
and Professions Code, when said school has not been affirmatively
denied approval by the California Massage Therapy Council ("CAMTC").
E.
Students
in training at a school of massage in compliance with the following
requirements:
1.
The school meets the requirements for exemption pursuant to Section 4.36.020(D);
2.
The
school offers a massage curriculum requiring at least 500 hours of
classroom instruction;
3.
The
student performs massage only under the direct personal supervision
of an instructor employed or otherwise retained by an approved school
or approved massage school as defined herein.
(SCC 1304 § 18, 2005; SCC 1595 § 4, 2016)
No school of massage shall use the facilities or premises of
such school of massage in connection with the operation of a massage
enterprise.
Students in training at a school of massage may perform a massage
on a member of the general public while on the premises of a school
of massage in compliance with the following requirements:
A.
The school meets the requirements for exemption pursuant to Section 4.36.020(D);
B.
The
school offers a massage curriculum requiring at least 500 hours of
classroom instruction;
C.
The
student performs the massage only under the direct supervision of
an instructor employed or otherwise retained by an approved school
or approved massage school as defined herein; and
(SCC 1304 § 18, 2005; SCC 1595 § 4, 2016)
Violation of any of the provisions of this chapter, or any act that would constitute a violation of the provisions of Division 2, Chapter 10.5, of the Business and Professions Code, by the owner or manager of a massage enterprise, by a massage provider, or by any person providing massage services at or through a massage enterprise, shall constitute a misdemeanor for each day or any portion thereof on which a violation occurs or continues and shall be subject to the penalties set forth in Title 1, Section 1.01.190 of the Sacramento County Code.
Violation of any of the provisions of this title may also be
remedied by injunction or other civil proceedings commenced in the
name of the County by the County Counsel.
(SCC 1304 § 18, 2005; SCC 1595 § 4, 2016)
Commencing on the effective date of the ordinance codified in this section that amends the provisions of this chapter, all Special Business Licenses and General Business Licenses for massage enterprises shall be issued in accordance with the provisions of this chapter and Chapter 4.06.
The provisions of this chapter shall be applicable to all persons
and enterprises described herein whether the described activities
enterprises were established before or after the effective date of
the ordinance codified in this chapter, except that massage enterprises
legally performing massage, prior to the effective date hereof, shall
have 30 days to comply with the terms hereof. Massage enterprises
owned by, employing or retaining only massage providers holding active,
valid certificates from the CAMTC, that were operating without a Special
Business License on January 1, 2015, are subject to the requirements
of this ordinance except the requirement for a Massage Enterprise
Special Business License, unless or until one of the following occurs:
A.
Said
enterprise's General Business License expires, requires renewal, or
is revoked or otherwise terminated;
B.
The
enterprise owner's CAMTC certificate expires, requires renewal, or
is revoked or otherwise terminated;
C.
The
CAMTC certificate of any massage provider employed or retained by
the enterprise expires, requires renewal, or is revoked or otherwise
terminated.
(SCC 1304 § 18, 2005; SCC 1595 § 4, 2016)
Except as provided in Section 4.36.035, it shall be unlawful for any person to own, operate, engage in, conduct, permit, or carry on in any way, a massage enterprises, unless under and by authority of a valid, unexpired and unrevoked Massage Enterprise Special Business License issued pursuant to the provisions of this chapter.
There shall be only one Massage Enterprise Special Business License for a massage establishment, an outcall massage service, or a home occupation massage enterprise, at each location thereof that authorizes the activity of massage, notwithstanding any other provision of this chapter or Chapter 4.02. The owner shall be the holder of the Massage Enterprise Special Business License for a massage establishment, out-call massage service, or home occupation massage enterprise.
(SCC 1304 § 18, 2005; SCC 1595 § 4, 2016)
All applications for Special Business Licenses shall be filed
in the Office of the Tax and License Collector. The Tax and License
Collector shall receive any fee required for the application, assure
that the application is complete, and refer the application to the
Sheriff for investigation, review and recommendation.
(SCC 1304 § 18, 2005)
The application for a Massage Enterprise Special Business License
shall be filed on a form and contain such information in English as
is prescribed by the Tax and License Collector, including the following:
A.
A complete
description of the type, nature, and extent of the enterprise to be
conducted and for which application is made;
B.
The
address of the location from which the massage enterprise for which
application is made will be operated;
C.
The
name and residential address of all the person(s) who have an ownership
interest in the massage enterprise for which application is made;
D.
The names of any owner(s) of the massage enterprise who intend to personally provide massage services on or from the premises of the enterprise and evidence that said owners meet the applicable requirements of Section 4.36.160.
E.
If the
owner(s) of the massage enterprise hold active, valid certificates
from the California Massage Therapy Council, their certificate numbers;
F.
In the
event the applicant is not the legal owner of the property, the application
must be accompanied by a copy of the lease, letter of intent to lease
or rental agreement for the property;
I.
Such
other and further information as is deemed necessary to administer
the provisions of this chapter.
|
Upon acceptance for processing of the application by the Tax and License Collector, the Tax and License Collector shall notify the property owner of the applicability of Chapter 4.36, particularly Section 4.36.245, to the enterprise.
|
(SCC 1304 § 18, 2005; SCC 1595 § 5, 2016)
The Sheriff's Department shall conduct such investigation of the background of the owner or owners and persons managing or supervising the massage enterprise as is deemed appropriate. The Sheriff shall evaluate each application to determine whether the operation of the enterprise would involve an unreasonable risk to the health, safety, or general welfare of the public. Those persons described by subsections (C)(1) through (C)(8) of Section 4.36.065 shall be fingerprinted and photographed; unless they hold active, valid certificates from the California Massage Therapy Council. Consideration shall be given to the criminal record, if any, and character of the owner and other persons connected with the enterprise, the business responsibility of the firm and the owner, and the manner in which the owner intends to conduct the enterprise.
(SCC 1304 § 18, 2005; SCC 1595 § 5, 2016)
The Sheriff shall issue the Massage Enterprise Special Business
License within 90 days after the date of application unless any of
the following apply, in which case, the Sheriff may deny the application:
A.
The
Sheriff finds in writing that the applicant fails to provide information
in connection with the application requested by the Sheriff as a basis
for enabling the Sheriff to make his or her determination;
B.
The
Sheriff finds in writing that any of the statements made in the application
or any information submitted supplementary thereto is incorrect or
untrue;
C.
The Sheriff finds in writing that any of the following persons has been convicted of a crime and the time for appeal has elapsed, or when an order granting probation is made suspending the imposition of sentence, irrespective of the entry of a subsequent order under California Penal Code Section 1203.4; or has done any act involving dishonesty, fraud or deceit with intent to substantially injure another or has violated any of the provisions of Section 4.36.200; and the Sheriff concludes that by reason of the crime or act the applicant would not conduct the enterprise in a law abiding manner or in a manner which does not subject patrons of the enterprise to risk of harm or criminal, deceitful or otherwise unethical practices:
1.
A
general or limited partnership of a partnership which possesses an
ownership interest in the enterprise;
2.
A
joint venturer in a joint venture which possesses an ownership interest
in the enterprise and if one or more of the joint venturers is a partnership
or corporation, those partners, directors or stockholders to whom
the requirements of this section would apply if the partnership or
corporation were the sole owner of the enterprise;
3.
A
sole proprietor when the enterprise is a sole proprietorship;
4.
An
owner of more than one-half of one percent of the voting shares of
stock when a commercial corporation possesses an ownership in the
enterprise;
5.
A
director, when either a commercial or non-profit corporation possesses
an ownership in the enterprise;
6.
A
member of a management committee when a partnership or joint venture
possesses an ownership interest in the enterprise;
7.
A
member of a governing body or other board or committee to which management
is entrusted, when an unincorporated association possesses an ownership
interest in the enterprise; or
8.
A
president, general manager, vice president, chief assistant manager,
secretary, treasurer or any officer with equivalent or similar authority
employed or retained by the firm possessing an ownership interest
in the enterprise.
D.
The
Sheriff finds in writing that operation by the owner(s) or manager(s)
of the massage enterprise would involve an unreasonable risk to the
health, safety or general welfare of the public. The Sheriff shall
state the grounds for finding unreasonable risk to the health, safety,
or general welfare of the public.
E.
The applicant for a Massage Enterprise Special Business License seeks to operate a massage enterprise at an address of a fixed location that appears on a license that is suspended, has been revoked, or is subject to suspension or revocation proceedings for violation of any of the provisions in this chapter or Chapter 4.06. However, if the Massage Enterprise license has been revoked and that revocation has become final in accordance with Sections 4.36.225 and 4.36.230, a Massage Enterprise Special Business License may be issued at the address of the fixed location on revoked license consistent with the provisions of Section 4.36.235.
F.
Notwithstanding
the foregoing, an application shall not be denied solely on the basis
that a person has been convicted of a felony if the person has obtained
a certificate of rehabilitation under California Penal Code Section
4852.01 et seq., or, that the person has been convicted of a misdemeanor,
if the person has met all applicable requirements of the criteria
of rehabilitation developed to evaluate the rehabilitation of a person
when considering the denial of a license under California Penal Code
Section 4852.01 et seq.
(SCC 1304 § 18, 2005; SCC 1595 § 5, 2016)
The Sheriff may issue a Massage Enterprise Special Business
License upon such conditions relating to method or manner of operation
of the massage enterprise as the Sheriff deems necessary to adequately
protect members of the public in their patronage or dealings with
the enterprise, to reduce the incidence, detect the commission of,
or identify perpetrators of crime or to enforce the provisions of
this Code. Such conditions may be imposed at the time a Massage Enterprise
Special Business License is initially issued, upon renewal of the
license, or at any time during the term of the license.
Any condition imposed pursuant to the provisions of this section,
whether established at the time of issuance, at the time of renewal
or during the term of a Massage Enterprise Special Business License,
shall be embodied, together with the reasons therefor, in a written
notice which is served upon the applicant or holder.
In the event that conditions are imposed pursuant to this section
upon a license at the time of its renewal or during its term, the
condition(s) shall become effective 15 days following the date of
service of the notice thereof; provided that in the event an appeal
therefrom is filed within the time and in the manner prescribed, the
condition shall not become effective until the appeal is finally determined.
In the event that conditions are imposed pursuant to this section
at the time of the initial issuance of the license, the condition(s)
shall become effective immediately, provided that the license holder
shall have a period of 15 days from the time of the written notice,
during which an appeal therefrom may be filed in the manner prescribed
by this chapter. Any condition imposed upon the issuance of an initial
Massage Enterprise Special Business License shall remain in effect
until the appeal is finally determined.
If the imposition of conditions is not appealed within the period
stated, the imposition of conditions placed on the Massage Enterprise
Special Business License shall become final.
(SCC 1304 § 18, 2005; SCC 1595 § 5, 2016)
The Massage Enterprise Special Business License shall contain,
but not be limited to, a complete description of the enterprise authorized
by the license, the name of the enterprise so licensed, the name of
the owner or owners of the enterprise, the address of the location
of the enterprise covered by the license, and any conditions upon
which the license is issued. The license shall be conspicuously posted
at the enterprise in full public view.
(SCC 1304 § 18, 2005; SCC 1595 § 5, 2016)
Not later than 45 days prior to expiration of the term of a
Special Business License, the Tax and License Collector shall transmit
to the licensee by mail an application for renewal. The application
for renewal shall be in such form and include such information as
is prescribed and required by the Tax and License Collector.
The application for renewal shall be filed with the Tax and
License Collector not later than the date of expiration of the term
of the immediately preceding license. The Sheriff shall perform such
investigation and examination of the applicant as the Sheriff deems
appropriate. The Sheriff shall extend the term of the immediately
preceding license during the period of any investigation or examination
required in order to determine whether the license should be issued.
The Sheriff shall act upon the application for renewal not later
than 30 days after the date a valid application is filed. The renewed
license shall be issued unless any of the following apply, in which
case, the Sheriff may deny the application for renewal:
B.
The Sheriff finds in writing that the licensee, owner, manager, massage provider or any employee, subcontractor or person retained by the owner to perform massage has violated any term, condition, requirement, or prohibition imposed by this chapter or Chapter 4.02 of Title 4 which are applicable to the license or the holder, or any administrative regulations promulgated thereunder, or any other applicable law; or,
C.
The
Sheriff finds in writing that one or more conditions applicable to
the preceding License have been violated.
(SCC 1304 § 18, 2005; SCC 1595 § 5, 2016)
A.
Hours
of Operation. It shall be unlawful for any massage enterprise to be
operated or remain open for business between the hours of 10:00 p.m.
and 8:00 a.m. of the following day.
B.
List
of Services. A list of the services available and the price of such
services shall be posted in a clearly visible place at or near the
entrance of each massage establishment. The services available shall
be described in English, in readily understandable language. No massage
establishment shall render or provide, or offer to render or provide,
any service not listed in compliance with this section.
C.
Personnel
Registers and Massage Logs. Owners of massage establishments and out-call
massage services shall maintain personnel registers and massage logs,
in English, which shall be available for inspection by the County
Officers at all times during regular business hours. The personnel
register shall contain the names of each person employed or retained
by the enterprise, along with a description of the services each person
performs. For owners, managers, and massage providers, the personnel
register shall include the names as they appear on the Special Business
Licenses or California Massage Therapy Council certificates and Special
Business License numbers or California Massage Therapy Council certificate
numbers.
The massage log shall contain a daily record of the following
information:
1.
The
names as they appear on the Special Business Licenses or California
Massage Therapy Council certificates of all persons employed or retained
to perform massage on each day;
2.
The
hours during which these persons worked each day;
3.
A
list of services performed each day, and for each service:
4.
The
massage log shall clearly identify the individual appointed or designated
by the owner or owners having the authority and responsibility to
act as the manager of the massage establishment or out-call massage
service. In the event the owner of the massage establishment is on
the premises and is serving as manager of the massage establishment
or out-call massage service, the massage log shall so reflect this
designation.
Personnel registers and massage logs shall be available for
inspection during normal business hours and retained for two years.
D.
Employment
of Minors. It shall be unlawful for the owner of a massage enterprise,
or any other person in charge of a massage enterprise to employ or
retain any person who is under the age of 18 years to perform any
service for or on behalf of the enterprise.
E.
Sanitation
Requirements. Massage establishments shall at all times be equipped
with an adequate supply of clean sanitary towels, coverings and linens.
Towels, coverings, and linens shall not be used on more than one client
or patron unless they have first been laundered. Disposable towels
and coverings shall not be used on more than one client or patron.
Soiled linens and paper towels shall be deposited in approved receptacles.
Within massage establishments wet and dry heat rooms, steam
or vapor rooms or cabinets, shower rooms and compartments, toilet
rooms and pools shall be thoroughly cleaned and disinfected as needed,
and at least once each day the premises are open, with a disinfectant
approved by the County Health Officer. Bathtubs and showers shall
be thoroughly cleaned after each use with a disinfectant approved
by the Health Officer. All walls, ceilings, floors, and other physical
facilities shall be in good repair and maintained in a clean and sanitary
condition. Instruments for massage shall not be used on more than
one client or patron unless they are sanitized before each use by
sanitization methods approved by the County Health Officer.
F.
Attire.
All persons who hold valid, active certificates from the California
Massage Therapy Council and who are employed or working in a massage
establishment shall not dress while engaged in the practice of massage
for compensation, or while visible to clients or patrons in a massage
establishment, in a manner that violates Division 2, Chapter 10.5,
of the Business and Professions Code.
All other persons employed or working in or for a massage enterprise shall be fully clothed at all times, such that all specified anatomical areas, as defined in Section 4.34.045 of the Sacramento County Code, are completely covered. Clothing shall be of a fully opaque, non-transparent material and shall provide complete covering from at least the mid-thigh to not more than two inches below the collarbone. The midriff may not be exposed.
G.
Massage Managers. Each massage establishment and out-call massage service offering any services involving physical contact with clients or patrons shall be managed by a person meeting the requirements of Section 4.36.015.
Such an establishment and service shall not be deemed "managed" as required by this section unless a person qualified as a "massage manager" pursuant to Sections 4.36.010 and 4.36.015 is on the premises of the establishment, or the location from where the out-call massage service is operated, at all times the business is open for the delivery of services.
The appointed and designated massage manager shall be clearly
identified in the establishment's personnel register in such a manner
that the massage manager will be readily identifiable to County Officers
at the time of inspection of the establishment.
The requirement for a massage manager shall not apply to massage
establishments or out-call massage services operating as "sole practitioners"
wherein only one licensed person providing massage services for compensation
operates alone at a massage establishment or out-call massage service.
However, in any instance where more than one person is employed or
retained to perform massage services for a massage establishment or
an out-call massage service, a massage manager must be appointed and
be responsible for all other employees and for the delivery of massage
services.
H.
License
Required. It shall be unlawful for any massage establishment and out-call
massage service to employ or retain a person to provide services as
a massage provider or massage manager, and it shall be unlawful for
any person to work at or for such an establishment or service, unless
the person possesses a valid, unrevoked Special Business License as
a massage provider or massage enterprise (independent contractor),
as well as licensee's liability insurance and current certificate
in cardiopulmonary resuscitation as required by this Code. However,
massage providers who hold active, valid certificates from the California
Massage Therapy Council and who are not massage enterprise owners
or massage managers are not required to obtain a Massage Provider
Special Business License to offer massage, unless or until said certificates
expire, are revoked, or are otherwise terminated.
I.
Display
of License or Certificate. Each massage establishment and out-call
massage service, shall display the Massage Enterprise Special Business
License in a conspicuous place within the establishment so that the
same may be readily seen by persons entering the premises. A massage
enterprise licensee who is an independent contractor working at massage
establishment shall display his or her Massage Enterprise Special
Business License wherever he or she provides massage for compensation.
A holder of an active, valid certificate from the California Massage
Therapy Council shall display his or her original certificate wherever
he or she provides massage for compensation.
A person engaged in an out-call massage service who is the licensee
for said service shall have the license available for inspection at
all times while providing out-call massage services.
J.
Access.
All front, reception, hallway or front exterior doors, excepting back
or exterior doors used solely by owners, employees or person retained
by the massage establishment, shall be unlocked during business hours,
except as may be permitted by applicable law (e.g., Fire Codes), which
may allow for safety doors which may be opened from the inside when
locked. A massage establishment with one owner and one or no employees
or independent contractors may lock its exterior doors. Clients or
patrons of the massage establishment shall enter or leave the establishment
only through the main entry door.
No massage may be given within any cubicle, room, booth, or
any area within a massage establishment, which is fitted with a lock
of any kind, unless the only door is an exterior door, external to
the establishment.
No massage establishment owner or any person employed or otherwise
retained by a massage establishment shall be in any cubicle, room,
booth or any area of the massage establishment, wherein a massage
client or patron is present, if said room cubicle, room, booth or
area of the massage establishment has a door which is capable of being
locked, unless the only door is an exterior door, external to the
establishment.
K.
Prohibited
Massage Areas. No massage provider or other person shall massage the
genitals or anal area of any client or patron, nor shall any massage
enterprise allow or permit such massage. No massage provider or other
person shall massage the breasts of a female client or patron without
the written consent of the client or patron and a referral from a
licensed California health care provider.
L.
Privacy.
No person while performing any task or service associated with the
massage enterprise shall be present in any room with another person,
unless that person's genitals, gluteal cleft, and anus are fully covered.
M.
Prohibition
Against Residence. No massage provider, manager, employee, subcontractor,
owner, or any other person shall be permitted to reside on or within
the premises of a massage establishment. This prohibition does not
extend to enterprises licensed as out-call massage services.
N.
Prohibition
Against Warning Devices. The presence of any device which can be utilized
as an early warning system, to alert the employees of a massage establishment
to the presence of law enforcement officers or County authorities
on the premises, is prohibited in any massage establishment. Said
devices may include, but are not limited to, light or music dimmers,
electronic detection devices, external or internal video equipment
and alarm systems other than those used for fire alarms.
O.
Exterior
Signage. Any signage for or on a massage establishment must correspond
to the business name on the Special or General Business License issued
to that establishment.
P.
Advertising.
A massage enterprise may not advertise that it offers massage services
under the term "CMT," "certified massage therapist," "CMP," "certified
massage practitioner," or use such terms in its business name, unless
massage services are provided only by persons holding active, valid
certificates from the California Massage Therapy Council. Any advertising
by holders of active, valid California Massage Therapy Council certificates
shall include the certificate number(s) of the certified massage provider(s)
and the name(s) under which the CAMTC certificate(s) are held.
Q.
Visibility.
No massage establishment located in a building or structure with exterior
windows fronting a public street, highway, walkway, or parking area
shall block visibility into the interior reception and waiting area
by using curtains, closed blinds, tints, or any other material that
unreasonably obstruct, blur, or darken the view into the premises
during the hours the massage establishment is open for business.
(SCC 1304 § 18, 2005; SCC 1595 § 7, 2016)
It shall be unlawful for any person to act as a massage provider
or massage establishment manager unless under and by authority of
a valid, unexpired and unrevoked Massage Provider Special Business
License issued pursuant to the provisions of this chapter.
Massage providers who hold active, valid certificates from the
California Massage Therapy Council and who are not massage enterprise
owners are not required to obtain a Special Business License to offer
massage, unless or until said certificates expire, are revoked, or
are otherwise terminated.
(SCC 1304 § 18, 2005; SCC 1595 § 7, 2016)
A.
Commencing
on the effective date of the ordinance that amends the provisions
of this chapter, all Special Business Licenses shall be issued in
accordance with the provisions of this chapter.
B.
Those massage providers possessing Special Business Licenses issued in accordance with this chapter which have not been revoked, suspended or found to have been in violation of this Code during their term and who have not been convicted of any felony, crime of moral turpitude or any of the offenses enumerated in Section 4.36.200(B), shall be deemed and recognized as possessing the requisite minimum qualifications in the field of massage as required in Section 4.36.160(A). Said recognition will extend to each subsequent renewal of the Special Business License for the massage provider, provided the continuity of the license remains uninterrupted by revocation, suspension or lapse in its term.
C.
Except
as provided herein, the provisions of this chapter and this amended
ordinance shall be applicable to all persons described herein whether
the described services were provided before or after the effective
date of this ordinance, except that massage providers legally performing
massage prior to the effective date hereof shall have 30 days to comply
with the terms hereof.
D.
All massage providers, including those described in subsection (B) of this section, must possess and be able to demonstrate massage provider's liability insurance coverage, as required by Section 4.36.165, within 90 days of the effective date of this chapter, and at every subsequent renewal of their license. However, massage providers who hold active, valid certificates from the California Massage Therapy Council and who are not massage enterprise owners or massage managers are not required to comply with this subdivision unless or until said certificates expire, are revoked, or are otherwise terminated.
E.
All massage providers, including those described in subsection (B) of this section, must possess a current, valid certificate in cardiopulmonary resuscitation within 90 days of the effective date of this chapter and at every subsequent renewal of their license. However, massage providers who hold active, valid certificates from the California Massage Therapy Council are not required to comply with this subdivision unless or until said certificates expire, are revoked, or are otherwise terminated.
F.
Massage
providers holding active, valid certificates from the California Massage
Therapy Council and who were operating without Special Business Licenses
on January 1, 2015, are subject to the requirements of this ordinance,
except as noted herein, unless or until said certificates expire,
are revoked, or are otherwise terminated.
(SCC 1304 § 18, 2005; SCC 1595 § 7, 2016)
All applications for Special Business Licenses shall be filed
in the Office of the Tax and License Collector. The Tax and License
Collector shall receive any fee required for the application, assure
that the application is complete, and refer the application to the
Sheriff for action.
(SCC 1304 § 18, 2005)
The application for a Massage Provider Special Business License
shall be filed on a form and contain such information as is prescribed
by the Sheriff, including the following:
A.
A complete
description of the type, nature, and extent of the activities to be
conducted and for which application is made;
B.
The
name and residential address of the applicant;
C.
Documentation demonstrating the applicant possesses the minimum qualifications required for a massage provider as described in Section 4.36.160;
D.
Documentation demonstrating that the applicant has massage provider's liability insurance as required by Section 4.36.165;
E.
A current valid certificate of proficiency in cardiopulmonary resuscitation as required by Section 4.36.170;
F.
Such information as is necessary to permit the determinations prescribed by Section 4.36.125(C); and
G.
Such
other and further information as is deemed necessary to administer
the provisions of this chapter.
(SCC 1304 § 18, 2005; SCC 1595 § 8, 2016)
The Sheriff shall conduct such investigation of the background
of the applicant as is deemed appropriate. The applicant shall be
fingerprinted and photographed, and consideration shall be given to
the criminal record, if any, and character of all applicants and the
manner in which the applicant intends to conduct the activity. The
Sheriff shall evaluate each application to determine whether issuing
the Massage Provider Special Business License would involve an unreasonable
risk to the health, safety, or general welfare of the public.
(SCC 1304 § 18, 2005; SCC 1595 § 8, 2016)
The Sheriff shall act on an application not later than 90 days
after the date a complete application is validly filed unless any
of the following apply, in which case, the Sheriff may deny the application:
A.
The
Sheriff finds in writing that the applicant fails to provide information
in connection with the application requested by the Sheriff as a basis
for enabling the Sheriff to make his or her determination;
B.
The
Sheriff finds in writing that any of the statements made in the application
or any information submitted supplementary thereto is incorrect or
untrue; or
C.
The Sheriff finds in writing that the applicant has criminal charges pending or has been convicted of a crime and the time for appeal has elapsed, or when an order granting probation is made suspending the imposition of sentence, irrespective of the entry of a subsequent order under California Penal Code Section 1203.4; or has violated any of the provisions of Section 4.36.200 or has done any act involving dishonesty, fraud or deceit with intent to substantially injure another; and the Sheriff concludes that by reason of the crime or act the applicant would not provide massage services in a law abiding manner or in a manner which does not subject patrons of the applicant to risk of harm or criminal, deceitful or otherwise unethical practices.
D.
The
Sheriff finds in writing that issuance of the Massage Provider Special
Business License to the applicant would involve an unreasonable risk
to the health, safety or general welfare of the public. The Sheriff
shall state the grounds for finding unreasonable risk to the health,
safety, or general welfare of the public.
(SCC 1304 § 18, 2005; SCC 1595 § 8, 2016)
The Sheriff may issue a Massage Provider Special Business License
upon such conditions relating to method or manner of providing massage
services as the Sheriff deems necessary to adequately protect members
of the public in their patronage or dealings with the massage provider,
to reduce the incidence, detect the commission of, or identify perpetrators
of crime, or to enforce the provisions of this Code. Such conditions
may be imposed at the time a Massage Provider Special Business License
is initially issued, upon renewal of the license, or at any time during
the term of the license.
Any condition imposed pursuant to the provisions of this section,
whether established at the time of issuance, at the time of renewal
or during the term of a Massage Provider Special Business License,
shall be embodied, together with the reasons therefor, in a written
notice, which shall be served upon the applicant or holder.
In the event that conditions are imposed upon renewal of an
existing Massage Provider Special Business License or during its term,
the condition(s) shall become effective 15 days following the date
of service of the notice thereof, provided that in the event an appeal
therefrom is filed within the time and in the manner prescribed, the
condition shall not become effective until the appeal is finally determined.
In the event that conditions are imposed pursuant to this section
at the time of the initial issuance of the license, the condition(s)
shall become effective immediately, provided that the license holder
shall have a period of 15 days from the time of the written notice,
during which an appeal therefrom may be filed in the manner prescribed
by this chapter. Any condition imposed upon the issuance of an initial
Massage Provider Special Business License shall remain in effect until
the appeal is finally determined.
If the imposition of conditions is not appealed within the period
stated, the imposition of conditions placed on the Massage Provider
Special Business license shall become final.
(SCC 1304 § 18, 2005; SCC 1595 § 8, 2016)
The Massage Provider Special Business License shall contain
but not be limited to a complete description of the activities, the
name and residential address of the massage provider so licensed,
and any conditions upon which the license is issued.
(SCC 1304 § 18, 2005; SCC 1595 § 8, 2016)
It shall be unlawful for any person to provide massage services
for any fee or any other form of consideration without possessing
either a massage provider identification card issued by the Sheriff
or an active, valid identification card from the California Massage
Therapy Council. Each massage provider shall have the required card
available for inspection at all times while providing massage services,
or while on the premises of a massage establishment. A holder of an
active, valid certificate from the California Massage Therapy Council
shall display his or her original certificate wherever he or she provides
massage for compensation.
(SCC 1304 § 18, 2005; SCC 1595 § 8, 2016)
Not later than 45 days prior to expiration of the term of a
Massage Provider Special Business License, the Tax and License Collector
shall transmit to the licensee by mail an application for renewal.
The application for renewal shall be in such form and include such
information as is prescribed and required by the Tax and License Collector.
The application for renewal shall be filed with the Tax and
License Collector not later than the date of expiration of the term
of the immediately preceding license. The Sheriff shall perform such
investigation and examination of the applicant as the Sheriff deems
appropriate. The Sheriff shall extend the term of the immediately
preceding license during the period of any investigation or examination
required in order to determine whether the license should be issued.
The Sheriff shall act upon the application for renewal not later
than 30 days after the date a complete application is validly filed,
and the renewed license shall be issued unless any of the following
apply, in which case, the Sheriff may deny the application for renewal:
B.
The Sheriff finds in writing that the licensee has violated any term, condition, requirement, or prohibition imposed by this chapter or Chapter 4.02 of Title 4 which are applicable to the license or the holder, or any administrative regulations promulgated thereunder, or any other applicable law; or
C.
The
Sheriff finds in writing that one or more conditions applicable to
the preceding license have been violated.
(SCC 1304 § 18, 2005; SCC 1595 § 8, 2016)
A.
Hours
of Operation. It shall be unlawful for a massage provider to provide
massage services between the hours of 10:00 p.m. and 8:00 a.m. of
the following day.
B.
Sanitation
Requirements. Massage providers shall at all times provide an adequate
supply of clean sanitary towels, coverings, and linens. Towels, coverings,
and linens shall not be used on more than one client unless they have
first been laundered. Disposable towels and coverings shall not be
used on more than one client. Soiled linens and paper towels shall
be deposited in approved receptacles.
C.
Attire
– Massage Providers. All persons employed or working as massage
providers and who hold valid, active certificates from the California
Massage Therapy Council shall not dress while engaged in the practice
of massage for compensation, or while visible to clients or patrons
in a massage establishment, in a manner that violates Division 2,
Chapter 10.5, of the Business and Professions Code.
All other persons employed or working as massage providers shall be fully clothed at all times, such that all specified anatomical areas, as defined in Section 4.34.045 of the Sacramento County Code, are completely covered. Clothing shall be of a fully opaque, non-transparent material and shall provide complete covering from at least the mid-thigh to not more than two inches below the collarbone. The midriff may not be exposed.
D.
Prohibited
Massage Areas. No massage provider or other person shall massage the
genitals or anal area of any client or patron, nor shall any massage
enterprise allow or permit such massage. No massage provider or other
person shall massage the breasts of a female client or patron without
the written consent of the client or patron and a referral from a
licensed California health care provider.
E.
Privacy.
No massage provider while performing any task or service associated
with providing massage shall be present in any room with another person,
unless that person's genitals, gluteal cleft, and anus are fully covered.
F.
Access. No massage provider, while performing any task or service associated with providing massage shall perform said task in any room, cubicle, booth or area that would be in violation of Section 4.36.090(J).
G.
Advertising.
A massage provider may not advertise massage services under the term
"CMT," "certified massage therapist," "CMP," or "certified massage
practitioner" unless the massage provider holds an active, valid certificates
from the California Massage Therapy Council. Any advertising by holders
of active, valid California Massage Therapy Council certificates shall
include the certificate number of the certified massage provider and
the name under which the CAMTC certificate is held.
(SCC 1304 § 18, 2005; SCC 1595 § 8, 2016)
A.
An applicant
for a Massage Provider Special Business License shall possess at least
two of the following minimum qualifications:
1.
A copy of a diploma or certificate of completion from a school of massage that meets the requirements for exemption pursuant to Section 4.36.020(D), showing satisfactory completion of a program of at least 500 hours of instruction in massage;
2.
Evidence
of satisfactory passage of the National Certification Exam for Therapeutic
Massage or Bodywork;
3.
Evidence
of membership in good standing in a national professional massage
organization or association that provides continuing massage education
and requires the following of its members:
a.
Substantiation of at least 100 hours of massage training or education;
b.
Possession of massage provider's liability insurance coverage in
the minimum amount of one million dollars ($1,000,000.00) per event;
c.
Adherence to a code of ethics;
d.
Renewal of membership at a minimum of once every two years.
B.
An applicant for a Massage Provider Special Business License shall possess and be able to demonstrate massage provider's liability coverage in compliance with Section 4.36.165.
C.
An applicant for a Massage Provider Special Business License must be proficient in administering cardiopulmonary resuscitation and must possess a current, valid certificate in cardiopulmonary resuscitation as required by Section 4.36.170, except for a massage manager who holds a valid, active certificate from the California Massage Therapy Council.
(SCC 1304 § 18, 2005; SCC 1595 § 8, 2016)
An applicant for the renewal of a Massage Provider Special Business License in possession of a valid, unrevoked, unexpired Special Business License for a massage practitioner issued under this Code prior to the effective date of the ordinance which amends this section shall be deemed to possess the requisite minimum qualifications required by Section 4.36.160(A) of this Code, provided the applicant has not been convicted of any felonies or crimes of moral turpitude; has not been found to have been in violation of any section of this chapter; can show proof of massage provider's liability insurance coverage as required by Section 4.36.165; and can show proficiency in cardiopulmonary resuscitation and possesses a current, valid certificate in cardiopulmonary resuscitation as required by Section 4.36.170.
(SCC 1304 § 18, 2005; SCC 1595 § 8, 2016)
All massage providers who do not hold active, valid certificates
from the California Massage Therapy Council must possess and be able
to demonstrate massage provider's liability insurance coverage in
the amount of a minimum of one million dollars ($1,000,000.00) per
event at all times when performing massage activities. The coverage
must be held in the name of the massage provider. Proof of membership
in a national massage organization which requires its members to maintain
said level of massage provider's liability insurance coverage shall
suffice for the purposes of this section.
(SCC 1304 § 18, 2005; SCC 1595 § 8, 2016)
All massage providers who do not hold active, valid certificates
from the California Massage Therapy Council must be proficient in
administering cardiopulmonary resuscitation and must possess a current,
valid certificate in cardiopulmonary resuscitation at all times when
performing massage activities.
(SCC 1304 § 18, 2005; SCC 1595 § 8, 2016)
The Sheriff may deny an initial application for a Massage Enterprise Special Business License if written findings described by subsection (A), (B), (C), or (D) of Section 4.36.065 are made. The Sheriff may deny an initial application for a Massage Provider Special Business License if written findings described by subsection (A), (B), (C), or (D) of Section 4.36.125 are made.
The Sheriff may deny an application for renewal of a Massage Enterprise Special Business License if written findings described by subsection (A), (B), or (C), in Section 4.36.080 are made. The Sheriff may deny an application for renewal of a Massage Provider Special Business License if written findings described by subsection (A), (B), or (C), in Section 4.36.150 are made.
A.
Any
Special Business License issued pursuant to this chapter may be suspended
for not longer than one year or revoked during its term if the Sheriff
finds in writing that one or more of the following grounds exist:
B.
Any
Special Business License issued pursuant to this chapter may be suspended
for not longer than one year or revoked during its term if the Sheriff
finds in writing one or more of the following and concludes that as
a result of the commission of one or more of the following crimes
or acts by the applicant or an owner of the massage enterprise, or
by a manager, massage provider or any person offering or conducting
massage at a location under the control of the applicant, that the
applicant or licensee would not conduct the enterprise or provide
massage services in a law-abiding manner or in a manner which does
not subject patrons of the enterprise or massage services to the risk
of harm or criminal, deceitful or otherwise unethical practices:
1.
Conviction
for violation of the California Penal Code for any sexual crime against
a person, including, but not limited to, conviction of an offense
requiring registration under California Penal Code Section 290; conviction
of California Penal Code Sections 266i, 314, 315, 316, 318, subsection
(b) of 647, 653.22; conviction of any other crime involving dishonesty,
fraud, deceit, or moral turpitude, or as those sections may hereafter
be amended or renumbered; or the conviction of any offense in any
other state that is the equivalent of any of the above-mentioned offenses;
2.
Conviction
for violation of any crime under the California Health and Safety
Code involving a controlled substance, including, but not limited
to, any felony offense involving the possession, possession for sale,
sale, transportation, furnishing, or giving away, of a controlled
substance specified in Section 11054, 11055, 11056, 11057, or 11058
of the California Health and Safety Code, or the conviction of any
offense in any other state that is the equivalent of any of the above-mentioned
offenses;
3.
Violation
of one or more of the provisions of this chapter by an owner of the
massage enterprise, or by a manager, employee, massage provider, subcontractor,
any person offering or conducting massage, or any other person involved
in the service of massage;
4.
Violation of any of the duties, requirements or prohibitions on a massage enterprise set forth in any administrative regulations issued pursuant to Section 4.02.085 by the owner of the massage enterprise, or by a manager, employee, massage provider, subcontractor, any person offering or conducting massage or any other person involved in the services of massage, as applicable;
5.
Violation of any conditions imposed on the massage enterprise or massage provider pursuant to Section 4.36.070 or 4.36.130 or under the provisions of this chapter by the owner of the massage enterprise, a manager, employee, massage provider, subcontractor, any person conducting massage, or any other person involved in the services of massage;
6.
Any act by anyone holding either a Massage Enterprise or Massage Provider Special Business License issued under this chapter that constitutes a violation under Division 2, Chapter 10.5, of the Business and Professions Code shall be considered a violation of Sacramento County Code Chapter 4.36 and grounds for denial, suspension, or revocation of a Massage Enterprise or Massage Provider Special Business License for massage, whether or not the holder is certified by the California Massage Therapy Council.
C.
The denial of a renewal, a suspension, or revocation, as provided in this subsection, shall be tolled and such Massage Enterprise or Massage Provider Special Business License shall continue in full force and effect during the 15 day period within which an appeal may be filed of the Special Business License that was suspended, revoked, renewal denied, or terminated, and such tolling shall continue during the pendency of such appeal, if any, and shall continue until the date of final decision by the appellate authority, or other administrative disposition of the appeal, where the appeal is properly filed pursuant to the requirements of this chapter, Chapters 4.02 and 4.10 of this title, as applicable.
D.
An owner of a massage establishment, out-call massage service, or home occupation massage enterprise, and any person listed in Section 4.36.065(C) of this chapter, shall be held responsible for the conduct of all persons on the premises, or therefrom, as applicable, that engage in providing the service of massage. Where the owner includes one or more persons who has an ownership interest in the massage enterprise, each such person is jointly and severally responsible for the operation of the enterprise in compliance with the requirements of this chapter. Any act or omission of any person giving massage, or involved in providing the services of massage, or of any owner, manager, or employee, or independent contractor, any person listed in Section 4.36.065(C) of this chapter, or any other persons performing or engaged in the service of massage on massage establishment premises, at a home occupation massage enterprise, or from an out-call massage service, shall be deemed the act or omission of the holder of the Massage Enterprise Special Business License for purposes of determining whether the Massage Enterprise Special Business License may be revoked, suspended or denied. Proof of knowledge of any violation of this chapter shall not be required for purposes of suspension, revocation, or denial of a Massage Enterprise Special Business License.
(SCC 1304 § 18, 2005; SCC 1595 § 8, 2016)
A denial of an initial application or application for renewal of a Massage Enterprise or Massage Provider Special Business License by the Sheriff shall be in writing, with the reasons stated therefor. Written notice of the denial, together with a copy of any provisions of this chapter that are applicable to the license, shall be served upon the applicant and the owner of the property on which the enterprise is located, if applicable, pursuant to the provisions of Section 4.02.090.
Denial of an initial application or application for renewal
of a Massage Enterprise or Massage Provider Special Business License
shall prohibit operation of the enterprise or provision of massage
services for pecuniary compensation, consideration, hire or reward
by the applicant at any location within the unincorporated area of
the County.
With respect to denial of an application for renewal of a Massage Enterprise Special Business License or termination of a Massage Enterprise Special Business License pursuant to Section 4.02.070, the immediately preceding Massage Enterprise Special Business License shall be deemed to be in full force and effect for a period of 15 days following the date of service upon the applicant of the notice of denial or termination. In the event the applicant files an appeal from the denial or termination in the manner and within the time prescribed by Section 4.36.215, the immediately preceding Massage Enterprise Special Business License shall continue in full force and effect during the pendency of the appeal, until the date of final decision by the appellate authority.
(SCC 1304 § 18, 2005; SCC 1595 § 8, 2016)
The Sheriff may commence proceedings for the suspension or revocation of a Massage Enterprise or Massage Provider Special Business License by issuing a written notice of suspension or revocation. The notice shall state the reasons for suspension or revocation and shall be served, together with a copy of the provisions of this chapter and Chapter 4.10 which are applicable to the License upon the holder of the License and the owner of the property on which the enterprise is located, if applicable. Except as provided in Section 4.36.210, the suspension or revocation shall become effective fifteen days after the date of service unless the holder files an appeal within the time and in accordance with the provisions of Section 4.10.150. If such an appeal is filed, the suspension or revocation shall not, except as provided in Section 4.36.210, become effective until a final decision on the appeal is issued.
(SCC 1595 § 9, 2016)
A Massage Enterprise or Massage Provider Special Business License may be temporarily suspended pending expiration of the time for appeal or commencement of the appeal hearing pursuant to Section 4.36.220 for the suspension or revocation of the license, if the Sheriff finds in writing that such temporary suspension is necessary in order to protect against a serious and immediate threat to the health or safety of the public caused by the exercise of the license. In the event the Sheriff orders a temporary suspension, the notice of suspension or revocation shall be delivered to the business address of the massage enterprise or the residential address of the massage provider, served upon the licensee, and shall contain the following:
A.
The
finding justifying the temporary suspension;
B.
The
time, date, and place at which the licensee may appear in advance
of the commencement of the temporary suspension for the purpose of
responding to the Sheriff to the charges in the notice; and
C.
The
time and date on which the temporary suspension commences, which shall
not be earlier than 24 hours following the time and date of delivery
of the notice.
The notice of suspension or revocation shall also be served on the owner of the property on which the enterprise is located, if applicable, pursuant to the provisions of Section 4.02.090.
|
For purposes of this section, the arrest of any owner, manager, employee or subcontractor of a massage enterprise or any employee, subcontractor or any other person providing massage services on the premises of a massage enterprise or any massage provider holding a Special Business License issued pursuant to this chapter, for the charges enumerated under Section 4.36.200(B)(1) or (B)(2) or for any violation of Section 4.36.090(F), (K) or (L) shall constitute a serious and immediate threat to the health and safety of the public caused by the exercise of the license.
|
(SCC 1304 § 18, 2005; SCC 1595 § 10, 2016)
The holder of a Massage Enterprise or Massage Provider Special
Business License or applicant therefor may file an appeal from the
following:
C.
The termination of a Massage Enterprise Special Business License as a result of a change in ownership, pursuant to the provisions of Section 4.02.070;
D.
The
suspension of a Massage Enterprise or Massage Provider Special Business
License; or
E.
The
revocation of a Massage Enterprise or Massage Provider Special Business
License.
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Any such appeal shall be in writing, shall state the specific reasons therefor and grounds asserted for relief, and shall be filed with and received by the Tax and License Collector not later than 15 days after the date of service by the Sheriff of the notices prescribed by Section 4.02.070, 4.36.070, 4.36.130, 4.36.205, 4.36.206, or 4.36.210, as the case may be. If an appeal is not filed within the time or in the manner prescribed above, the right to review of the action against which complaint is made shall be deemed to have been waived.
|
(SCC 1304 § 18, 2005; SCC 1595 § 10, 2016)
Not later than 30 days following the date of filing an appeal within the time and in the manner prescribed by Section 4.36.215, the Hearing Authority shall conduct a hearing for the purpose of determining whether the appeal should be granted. Written notice of the time, date and place of the hearing shall be served upon the applicant not later than 10 days preceding the date of the hearing.
During the hearing, the burden of proof shall rest with the
County. The provisions of the California Administrative Procedure
Act (commencing at Section 11500 of the Government Code) shall not
be applicable to such hearing; nor shall formal rules of evidence
in civil or criminal judicial proceedings be so applicable. At the
conclusion of the hearing, the Hearing Authority shall prepare a written
decision, which either grants or denies the appeal, and contains findings
of fact and conclusions. Notice of the written decision, including
a copy thereof, shall be filed with the County and served upon the
appellant not later than 10 calendar days following the date on which
the hearing is closed.
In a case of an appeal from the imposition of conditions authorized by Section 4.36.070 or 4.36.130, the County must demonstrate by substantial evidence the necessity of the conditions and, if the imposition of such conditions is upheld, the Hearing Authority shall provide in its decision findings regarding specific evidence within the record supporting the Hearing Authority's determination.
(SCC 1304 § 18, 2005; SCC 1595 § 10, 2016)
A decision by the Hearing Authority pursuant to Section 4.36.220 shall become final 15 days following the filing and service thereof unless review of the decision by the Board of Supervisors is requested either by the County or appellant. Such review may be requested by filing with the Clerk of the Board of Supervisors a written request for review not later than 15 calendar days following the date of filing and service of the Hearing Authority's decision. The request for review shall state in detail the reasons therefor and error alleged in the Hearing Authority's decision, and shall have attached thereto a copy of the decision.
(SCC 1304 § 18, 2005; SCC 1595 § 10, 2016)
Upon receipt by the Clerk of the request for review, a hearing
shall be scheduled promptly before the Board of Supervisors but no
later than 30 calendar days following the date of filing of the notice
of appeal. The Board of Supervisors shall be authorized to deny the
introduction of evidence and decide the matter after oral argument
presented during the hearing, or to admit supplementary evidence with
respect to challenges or particular findings, or reject the findings
and conclusions and conduct a de novo hearing. The determination by
the Board of Supervisors granting or denying the appeal shall be final,
and shall be accompanied by findings of fact and conclusions, which
may consist of an adoption by reference of those by the Hearing Authority.
Pursuant to granting an appeal, the Board of Supervisors shall be
authorized to order the issuance of a license upon such terms and
conditions as in the discretion of the Board of Supervisors are deemed
to be necessary and appropriate.
(SCC 1304 § 18, 2005)
The revocation of a Massage Enterprise or Massage Provider Special
Business License shall terminate the right of the holder of the License
to engage in the enterprise authorized by the license or provide the
service authorized by the license, as the case may be, anywhere within
the unincorporated area of the County for a period of five years following
the effective date of revocation. At the conclusion of said period,
the former holder may file a written application for issuance of a
new Massage Enterprise or Massage Provider Special Business License
with the Clerk of the Board of Supervisors. The Board of Supervisors
may, in its sole discretion, grant or deny the application pursuant
to such terms and conditions as it may prescribe, and may, in addition
to other matters, consider factors relating to the rehabilitation
of the applicant in making its determination.
In the event of revocation of a Massage Enterprise Special Business
License, neither the spouse, child, brother, sister or parent of the
holder of the revoked license, nor a person possessing an ownership
interest in the enterprise for which the license was revoked or who
was an employee thereof, shall be entitled to issuance of a Massage
Enterprise Special Business License for the enterprise except upon
written application filed with the Clerk of the Board of Supervisors.
Upon the filing of such an application, the Board of Supervisors may,
in its sole discretion, grant or deny the application. In the event
the application is granted, in addition to any other condition, the
license may be issued pursuant to such requirements as the Board deems
necessary in order to ensure that the person whose conduct constituted
the basis for the revocation does not exercise any control or influence
over the enterprise or the person to whom the license is issued.
If a Massage Enterprise Special Business License issued in accordance with this chapter has been revoked, and that revocation has become final in accordance with Sections 4.36.225 and 4.36.230, no subsequent Massage Enterprise Special Business License shall be issued at the address of the fixed location on the revoked license for a period of two years from the date the revocation became final. If a Massage Enterprise Special Business License is revoked for the address of the same fixed location within three years of the prior revocation and that subsequent revocation has become final as provided herein, no Massage Enterprise Special Business License shall be issued for any address on the same parcel for a period of three years from the date the subsequent revocation became final.
(SCC 1304 § 18, 2005; SCC 1595 § 11, 2016)
A.
The
suspension of a Massage Enterprise or Massage Provider Special Business
License shall terminate the right of the holder of the license to
engage in the enterprise or provide the services authorized by the
license anywhere within the unincorporated area of the County for
the effective period of the suspension, following the effective date
of the suspension. At the conclusion of said period, the holder may
resume said enterprise or provision of services for the duration of
the term of the license.
B.
In the
event of suspension of a Massage Enterprise Special Business License,
neither the spouse, child, brother, sister or parent of the holder
of the suspended license, nor a person possessing an ownership interest
in the enterprise for which the license was suspended or who was an
employee thereof, shall be entitled to issuance of a Massage Enterprise
Special Business License for the enterprise except upon written application
filed with the Clerk of the Board of Supervisors. Upon the filing
of such an application, the Board of Supervisors may, in its sole
discretion, grant or deny the application. In the event the application
is granted, in addition to any other condition, the Massage Enterprise
Special Business License may be reinstated pursuant to such requirements
as the Board deems necessary in order to ensure that the person whose
conduct constituted the basis for the suspension does not exercise
any control or influence over the enterprise or the person to whom
the license is issued.
C.
In the event of a temporary suspension, as authorized under Section 4.36.210, the suspension shall last in duration until commencement of an appeal hearing as described in Section 4.36.220 of this chapter. At said hearing, the Hearing Officer may, at the request of the license holder, address the appropriateness of continuing the temporary suspension. The Hearing Officer may lift the temporary suspension pending the conclusion of administrative proceedings or the issuance of the written decision or the Hearing Officer may continue the temporary suspension pending the conclusion of the administrative proceedings or the issuance of the written decision.
D.
In no event shall a temporary suspension of a Massage Enterprise or Massage Provider Special Business License, ordered pursuant to Section 4.36.210 be of a duration greater than 30 days, unless within that period, the Sheriff issues written findings and notice of denial, suspension or revocation as required by Section 4.36.200. Upon the issuance of said written findings, the duration of the temporary suspension shall be extended until the commencement of administrative proceedings as described in subsection (C) of this section.
(SCC 1304 § 18, 2005; SCC 1595 § 11, 2016)
