A.
In enacting
this chapter, the city council recognizes that commercial massage
therapy is a professional pursuit which can offer the public valuable
health and therapeutic services. The city council further recognizes
that, unless properly regulated, the practice of massage therapy and
the operation of massage businesses 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 businesses providing massage therapy services, discouraging
prostitution and related illegal activities carried on under the guise
of massage therapy, and establishing certain sanitation, health, and
operational standards for massage businesses.
B.
Furthermore,
it is the purpose and intent of this chapter to address the negative
impacts identified in the city council's findings to reduce or prevent
neighborhood blight and to protect and preserve the quality of city
neighborhoods and commercial districts; and to enhance enforcement
of criminal statutes relating to the conduct of operators and employees
of massage businesses.
C.
It is
the council's further purpose and intent to rely upon the uniform
statewide regulations applicable to massage practitioners and establishments
that were enacted by the State Legislature in 2008 as Business and
Professions Code Section 4600 et seq., by Senate Bill 731, and amended
in 2011 by Assembly Bill 619 and in 2014 by Assembly Bill 1147, to
restrict the commercial practice of massage in the city to those persons
duly certified to practice by the California Massage Therapy Council,
and to provide for the registration and regulation of massage businesses
for health and safety purposes to the extent allowed by law.
(Ord. 1833 § 3, 2015; Ord. 1878 § 4, 2020)
For the purposes of this chapter, unless the particular provision
or the context otherwise clearly requires, the definitions in this
section shall govern the construction, meaning, and application of
words and phrases used in this chapter:
includes, but not by way of limitation, everything about
which a person can be employed, and means that which occupies the
time, attention, and labor of individuals for the purpose of producing
a livelihood or profit, and connotes the efforts of individuals by
varied and diverse methods of dealing with each other, to improve
their individual economic conditions, and for the purposes of this
chapter shall include, without limitation, the advertising and soliciting
of massages. The term "business" includes, but is not limited to,
a massage practitioner who is the sole owner, operator and employee
of a massage business operating as a sole proprietorship, as well
as a massage establishment which employs massage practitioners and
therapists.
means the Massage Therapy Organization formed pursuant to
Business and Professions Code Section 4600.5.
means a registration certificate issued by the certification
officer upon submission of satisfactory evidence that a massage business
employs or uses only certified massage practitioners pursuant to this
chapter.
means a representative of the San Bruno police department.
means any individual certified by the California Massage
Therapy Council as a certified massage therapist or as a certified
massage practitioner pursuant to California Business and Professions
Code Section 4600 et seq.
means the customer or patron who pays for or receives massage
services.
means the payment, loan, advance, donation, contribution,
deposit, exchange, or gift of money or anything of value.
means any person employed by a massage business who may render
any service to the business, and who receives any form of compensation
from the business.
means a representative from the county department of environmental
health.
means the license board of the city of San Bruno, which shall
consist of the chief of police, the community development director,
and the finance director, or their designees.
means and refers to any method of treating the external parts
of the body for remedial, health, or hygienic purposes for any form
of compensation by means of pressure on or friction against, or stroking,
kneading, rubbing, tapping, pounding, or stimulating the external
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, powders, creams,
lotions, ointments, or other similar preparations commonly used in
this practice; or by baths, including, but not limited to, Turkish,
Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral,
fomentation, or any other type of bath.
means any business that offers massage therapy in exchange
for compensation. Any business that offers any combination of massage
therapy and bath facilities—including, but not limited to, showers,
baths, wet and dry heat rooms, pools and hot tubs—shall be deemed
a massage business under this chapter. The term "massage business"
includes a certified massage practitioner who is the sole owner, operator
and employee of a massage business operating as a sole proprietorship.
means any and all owners of a massage business.
means the engaging in or carrying on of massage therapy for
compensation in a location other than the business operations address
set forth in the massage business's city registration certificate.
means any of the following persons:
Any person who is a general partner of a general or limited
partnership that owns a massage business.
Any person who has a five percent or greater ownership interest
in a corporation that owns a massage business.
Any person who is a member of a limited liability company that
owns a massage business.
Any person who has a five percent or greater ownership interest
in any other type of business association that owns a massage business.
means any individual, firm, association, partnership, corporation,
joint venture, limited liability company, or combination of individuals.
shall be used interchangeably and mean any person who administers
massage to another person, for any form of consideration (whether
for the massage, as part of other services or a product, or otherwise).
means an area immediately inside the front door of the massage
business dedicated to the reception and waiting of patrons of the
massage business and visitors, and which is not a massage therapy
room or otherwise used for the provision of massage therapy services.
means the registration required by this chapter to operate
a massage business.
means any school or institution of learning that is recognized
as an approved school pursuant to Business and Professions Code Division
2, Chapter 10.5, as currently drafted or as may be amended.
means and includes any legal form of business organization
where the business owner (sometimes referred to as the "sole proprietor")
is the only person employed by that business to provide massage services.
means to request, ask, demand or otherwise arrange for the
provision of services.
(Ord. 1833 § 3, 2015; Ord. 1878 § 4, 2020)
A.
Individuals.
On and after the effective date of the ordinance codified in this
chapter, it is unlawful for any individual to practice massage therapy
for compensation as a sole proprietorship or employee of a massage
business or in any other capacity within the city unless that individual
is a certified massage practitioner.
B.
Businesses.
On and after the effective date of the ordinance codified in this
chapter, it is unlawful for any business to provide massage for compensation
within the city unless all individuals employed by the massage business
to perform massage, whether as an employee, independent contractor,
or sole proprietorship, are certified massage practitioners and said
business has obtained a valid city registration certificate as provided
in this chapter.
(Ord. 1833 § 3, 2015; Ord. 1878 § 4, 2020)
A.
Application.
The registration application for a city registration certificate shall
include all of the following:
1.
Legal
name of the massage business.
2.
Address
and telephone number of the massage business.
3.
Legal
names of all owners of the massage business.
4.
A
list of all of the massage business's employees and independent contractors
who are performing massage and their CAMTC certification.
5.
Residence
address and telephone number of all owners of the massage business.
6.
Business
address and telephone number of all owners of the massage business.
7.
The
form of business under which the massage business will be operating
(i.e., corporation, general or limited partnership, limited liability
company, or other form).
8.
Each
owner or operator of the massage business who is not a CAMTC-certified
massage practitioner shall submit an application for a background
check, including the following: the individual's business, occupation,
and employment history for the five years preceding the date of the
application; the inclusive dates of such employment history; the name
and address of any massage business or similar business owned or operated
by the individual whether inside or outside the county of San Mateo
and its incorporated cities.
9.
For
all owners, a valid and current driver's license and/or identification
issued by a state or federal governmental agency or other photographic
identification bearing a bona fide seal by a foreign government.
10.
For all owners, a signed statement that all of the information contained
in the application is true and correct under penalty of perjury; that
all owners shall be responsible for the conduct of the business's
employees or independent contractors providing massage services; and
acknowledging that failure to comply with the California Business
and Professions Code Section 4600 et seq., any local, state, or federal
law, or the provisions of this chapter may result in revocation of
the business's city registration certificate.
B.
Issuance.
Upon provision by the massage business of the foregoing documentation,
the certification officer shall issue the massage business a city
registration certificate, which shall be valid for two years from
the date of issuance. No reapplication will be accepted within one
year after an application or renewal is denied or a certificate is
revoked. The certification officer may decline to issue a city registration
certificate if any of the required information is not true, complete,
or correct, or if an individual required to submit to a background
check pursuant to subsection (A)(8) above fails to pass such background
check. City registration certificates may not be issued to a massage
business seeking to operate at a particular location if:
1.
Another massage business is or was operating at that particular location and that massage business is currently serving a suspension or revocation pursuant to Section 4.40.110, during the pendency of the suspension or one year following revocation;
2.
Another massage business is or was operating at that particular location and that massage business has received a notice of suspension, revocation or fine issued pursuant to Sections 4.40.100 and 4.40.110, during the ten-day period following receipt of the notice or while any appeal of a suspension, revocation or fine is pending;
C.
Amendment.
A massage business shall apply to the city to amend its city registration
certificate within thirty days after any change in the registration
information, including, but not limited to, the hiring or termination
of certified massage practitioners, the change of the business's address,
or changes in the owner's addresses and/or telephone numbers.
D.
Renewal.
A massage business shall apply to the city to renew its city registration
certificate at least thirty days prior to the expiration of said city
registration certificate. If an application for renewal of a city
registration certificate and all required information is not timely
received and the certificate expires, no right or privilege to provide
massage shall exist.
E.
Fees.
There shall be no fee for the registration application or certificate,
or any amendment or renewal thereof. The provisions of this section
shall not prevent the city from establishing fees for safety inspections
as may be conducted from time to time, and for the background checks,
fingerprinting, and subsequent arrest notification for owners of a
massage business who are not CAMTC-certified and who are subject to
such background checks pursuant to this chapter. There are certain
fees for appeals as described below.
F.
Transfer. A city registration certificate shall not be transferred except with the prior written approval of the certification officer. A written request for such transfer shall contain the same information for the new ownership as is required for applications for registration pursuant to this section. In the event of denial, notification of the denial and reasons therefor shall be provided in writing and shall be provided to the applicant by personal delivery or by registered or certified mail. A city registration certificate may not be transferred during any period of suspension or one year following revocation pursuant to Section 4.40.110, during the ten-day period following a massage businesses' receipt of a notice of suspension, revocation or fine issued pursuant to Sections 4.40.100 and 4.40.110 or while any appeal of a suspension, revocation or fine is pending. Further, a city registration certificate may not be transferred until all outstanding fines issued pursuant to Section 4.40.100 have been paid.
(Ord. 1833 § 3, 2015; Ord. 1878 § 4, 2020)
On or after the effective date of the ordinance codified in
this chapter, no person shall engage in, conduct, carry on, or permit
any massage within the city unless all of the following requirements
are met:
A.
CAMTC-certification
shall be worn by and clearly visible on the massage practitioner's
person during working hours and at all times when the massage practitioner
is inside a massage business.
B.
Massage
shall be provided or given only between the hours of seven a.m. and
nine p.m. No massage business shall be open and no massage shall be
provided between nine p.m. and seven a.m. A massage commenced prior
to nine p.m. shall nevertheless terminate at nine p.m., and, in the
case of a massage business, all clients shall exit the premises at
that time. It is the obligation of the massage business, to inform
clients of the requirement that services must cease at nine p.m.
C.
A list
of the services available and the cost of such services shall be posted
in the reception area within the massage premises, and shall be described
in readily understandable language. Outcall service providers shall
provide such a list to clients in advance of performing any service.
No owner, manager, operator, or responsible managing employee shall
permit, and no massage practitioner shall offer or perform, any service
other than those posted or listed as required herein, nor shall an
operator or a massage practitioner request or charge a fee for any
service other than those on the list of services available and posted
in the reception area of the business.
D.
A copy
of the CAMTC certificate of each and every massage practitioner employed
in the business shall be displayed in the reception area or similar
open public place on the premises. CAMTC certificates of former employees
and/or contractors shall be removed as soon as those massage practitioners
are no longer employed by or offering services through the massage
business.
E.
For
each massage service provided, every massage business shall keep a
complete and legible written record of the following information:
the date and hour that service was provided; the service received;
the name or initials of the employee entering the information; and
the name of the massage practitioner administering the service. Such
records shall be open to inspection and copying by police officers,
or other city officials charged with enforcement of this chapter.
These records may not be used by any massage practitioner or operator
for any purpose other than as records of service provided and may
not be provided to other parties by the massage practitioner or operator
unless otherwise required by law. Such records shall be retained on
the premises of the massage business for a period of two years and
be immediately available for inspection during business hours.
F.
Massage
businesses shall at all times be equipped with an adequate supply
of clean sanitary towels, coverings, and linens. Clean towels, coverings,
and linens shall be stored in enclosed cabinets. Towels and linens
shall not be used on more than one client, unless they have first
been laundered and disinfected. Disposable towels and coverings shall
not be used on more than one client. Soiled linens and paper towels
shall be deposited in separate, approved receptacles.
G.
Wet
and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms,
shower and bath rooms, tanning booths, whirlpool baths 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
health officer. Bathtubs shall be thoroughly cleaned after each use
with a disinfectant approved by the health officer. All walls, ceilings,
floors, and other physical facilities for the business must be in
good repair, and maintained in a clean and sanitary condition.
H.
Instruments
utilized in performing massage shall not be used on more than one
client unless they have been sterilized, using approved sterilization
methods.
I.
All
massage business operators and their employees, including massage
practitioners, shall wear clean, non-transparent outer garments. Said
garments shall not expose their genitals, pubic areas, buttocks, or
chest, and shall not be worn in such manner as to expose the genitals,
pubic areas, buttocks, or chest. For the purposes of this section,
outer-garments means a garment worn over other garments and does not
include garments like underwear, bras, lingerie or swimsuits.
J.
No person
shall enter, be, or remain in any part of a massage business while
in possession of an open container of alcohol, or consuming or using
any alcoholic beverage or drugs except pursuant to a prescription
for such drugs. The owner, operator, responsible managing employee,
or manager shall not permit any such person to enter or remain upon
such premises.
K.
No massage
business shall operate as a school of massage, or use the same facilities
as that of a school of massage.
L.
No massage business shall place, publish or distribute, or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective clients that any service is available other than those services listed as an available service pursuant to subsection C, nor shall any massage business employ language in the text of such advertising that would reasonably suggest to a prospective client that any service is available other than those services as described in compliance with the provisions of this chapter.
M.
No massage
shall be given unless the client's genitals are, at all times, fully
covered. A massage practitioner shall not, in the course of administering
any massage, make physical contact with the genitals, female breasts,
or buttocks of any other person regardless whether the contact is
over or under the person's clothing.
N.
Where
the business has staff available to assure security for clients and
massage, staff are behind closed doors, the entry to the reception
area of the massage business shall remain unlocked during business
hours when the business is open for business or when clients are present.
O.
No massage
business located in a building or structure with exterior windows
fronting a public street, highway, walkway, or parking area shall,
during business hours, block visibility into the interior reception
and waiting area through the use of curtains, closed blinds, tints,
or any other material that obstructs, blurs, or unreasonably darkens
the view into the premises. For the purpose of this subsection, there
is an irrebuttable presumption that the visibility is impermissibly
blocked if more than ten percent of the interior reception and waiting
area is not visible from the exterior window.
P.
All
signs shall be in conformance with the current ordinances of the city.
Q.
Minimum
lighting consisting of at least one artificial light of not less than
forty watts shall be provided and shall be operating in each room
or enclosure where massage services are being performed on clients,
and in all areas where clients are present.
R.
Ventilation
shall be provided in accordance with applicable building codes and
regulations.
S.
Hot
and cold running water shall be provided at all times.
T.
Adequate
dressing, locker and toilet facilities shall be provided for clients.
U.
A minimum
of one wash basin for employees shall be provided at all times. The
basin shall be located within or as close as practicable to the area
devoted to performing of massage services. Sanitary towels shall also
be provided at each basin.
V.
Pads
used on massage tables shall be covered with material acceptable to
the health officer.
W.
All
massage businesses shall comply with all state and federal laws and
regulations for disabled clients.
X.
A massage
practitioner shall operate only under the name specified in his or
her CAMTC certificate. A massage business shall operate only under
the name specified in its city registration certificate.
Y.
No massage
business shall allow any person to reside within the massage business
or in attached structures owned, leased or controlled by the massage
business.
Z.
Other
than custodial or maintenance staff, no persons shall be permitted
within the premises of a massage business between the hours of eleven
p.m. and six a.m.
(Ord. 1833 § 3, 2015; Ord. 1878 § 4, 2020)
The investigating and enforcing officials of the city, including,
but not limited to, representatives of the police department, county
health officer, community development director, and building official,
or their designees, shall have the right to enter the premises from
time to time during regular business hours for the purpose of making
reasonable inspections to observe and enforce compliance with building,
fire, electrical, plumbing or health regulations, and to enforce compliance
with applicable regulations, laws, and statutes, and with the provisions
of this chapter. The building division may charge a fee for any safety
inspections.
(Ord. 1833 § 3, 2015; Ord. 1878 § 4, 2020)
A.
A massage business shall notify the certification officer, or designee, of any changes described in Section 4.40.040 pursuant to the timelines specified therein.
B.
A registrant
shall report to the certification officer any of the following within
ninety-six hours of the occurrence:
1.
Arrests
of any employees or owners of the registrant's massage business for
an offense other than a misdemeanor traffic offense;
2.
Resignations,
terminations, or transfers of practitioners employed by the registrant's
massage business;
3.
Any
event involving the registrant's massage business or the massage practitioners
employed therein that constitutes a violation of this chapter or state
or federal law.
C.
This
provision requires reporting to the certification officer even if
the massage business believes that the certification officer has or
will receive the information from another source.
(Ord. 1833 § 3, 2015; Ord. 1878 § 4, 2020)
The provisions of this chapter shall not apply to the following
classes of individuals or businesses while engaged in the performance
of their duties:
A.
Physicians,
surgeons, chiropractors, osteopaths, nurses or any physical therapists
who are duly licensed to practice their respective professions in
the state of California and persons working directly under the supervision
of or at the direction of such licensed persons, working at the same
location as the licensed person, and administering massage services
subject to review or oversight by the licensed person.
B.
Barbers
and beauticians who are duly licensed under the laws of the state
of California while engaging in practices within the scope of their
licenses, except that this provision shall apply solely to the massaging
of the neck, face and/or scalp, hands or feet of the clients.
C.
Hospitals,
nursing homes, mental health facilities, or any other health facilities
duly licensed by the state of California, and employees of these licensed
institutions, while acting within the scope of their employment.
D.
Accredited
high schools, junior colleges, and colleges or universities whose
coaches and trainers are acting within the scope of their employment.
E.
Trainers
of amateur, semi-professional or professional athletes or athletic
teams while engaging in their training responsibilities for and with
athletes; and trainers working in conjunction with a specific athletic
event.
F.
Individuals
administering massages or health treatment involving massage to persons
participating in single-occurrence athletic, recreational or festival
events, such as health fairs, road races, track meets, triathlons
and other similar events; provided, that all of the following conditions
are satisfied:
1.
The
massage services are made equally available to all participants in
the event;
2.
The
event is open to participation by the general public or a significant
segment of the public such as employees of sponsoring or participating
corporations;
3.
The
massage services are provided at the site of the event and either
during, immediately preceding or immediately following the event;
4.
The
sponsors of the event have been advised of and have approved the provisions
of massage services;
5.
The
persons providing the massage services are not the primary sponsors
of the event.
(Ord. 1833 § 3, 2015; Ord. 1878 § 4, 2020)
Unless otherwise exempted by the provisions of this chapter, every person, whether acting as an individual, owner, employee or agent of the owner, or operator who gives massages or conducts a massage business in violation of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished in accordance with Chapter 1.28 of this code. The city attorney may reduce the penalty to an infraction.
Any massage business operated, conducted, or maintained contrary
to the provisions of this chapter shall constitute an unlawful business
practice pursuant to Business and Professions Code Section 17200 et
seq., and the city attorney or district attorney may, in the exercise
of discretion, in addition to, or in lieu of, taking any other action
permitted by this chapter, commence an action or actions, proceeding
or proceedings in the Superior Court of San Mateo County, seeking
an injunction prohibiting the unlawful business practice and/or any
other remedy available at law, including, but not limited to, fines,
attorneys' fees and costs. All remedies provided for in this chapter
are cumulative.
(Ord. 1833 § 3, 2015; Ord. 1878 § 4, 2020)
A.
Violations.
Upon a finding by the certification officer that a business has violated
any provision of this chapter, the certification officer may issue
an administrative fine of up to five hundred dollars.
B.
Separate
Violations. Each violation of any provision of this chapter shall
constitute a separate violation. Each client to whom massage is provided
or offered in violation of this chapter shall also constitute a separate
violation. Each day upon which a massage business remains open for
business in violation of this chapter shall also constitute a separate
violation.
C.
Fine
Procedures. Notice of the fine shall be served by certified mail with
the legal violation and supporting facts. The notice shall contain
an advisement of the right to file an appeal with the license board
contesting the imposition of the fine.
D.
Appeals.
Appeals must be requested in writing, and shall provide facts disputing
the violation and may be accompanied by declarations and exhibits.
Appeals must be addressed to the license board, and must be received
within ten days of the date appearing on the notice of the fine and
a copy of the appeal and any supporting materials must be sent to
the certification officer, who may respond to the appeal in writing
within ten days of receipt of the appeal and may provide additional
evidence in support of the fine.
The license board may request, in writing, additional evidence
from either the appellant or the certification officer. The decision
of the license board shall be based solely on the materials submitted
by the appellant and the certification officer and be provided by
certified mail. The license board may sustain the fine, overrule the
fine or decrease the amount of the fine. However the total fine shall
not be reduced below five hundred dollars. The decision will constitute
a final administrative order with no additional administrative right
of appeal.
E.
Failure
to Pay Fine. If said fine is not paid within thirty days from the
date appearing on the notice of the fine or of the notice of determination
from the license board after the decision, the fine may be referred
to a collection agency within or external to the city. In addition,
any outstanding fines must be paid prior to the issuance or renewal
of any registration.
(Ord. 1833 § 3, 2015; Ord. 1878 § 4, 2020)
A.
Reasons.
City registration certificates may be denied, suspended or revoked
by the certification officer upon finding any of the following grounds:
1.
A
massage practitioner is no longer in possession of current and valid
CAMTC certification. This subsection shall apply to a sole proprietor
or a person employed or used by a massage business to provide massage.
2.
An
owner or sole proprietor: is required to register under the provisions
of California Penal Code Section 290 (sex offender registration);
is convicted of California Penal Code Sections 266i (pandering), 315
(keeping or residing in a house of ill-fame), 316 (keeping disorderly
house), 318 (prevailing upon person to visit a place for prostitution),
647(b) (disorderly conduct/engaging in or soliciting prostitution),
653.22 (loitering with intent to commit prostitution), 653.23 (supervision
of prostitute); has a business permit or license denied, revoked,
restricted, or suspended by any agency, board, city, county, territory,
or state; is subject to an injunction for nuisance pursuant to California
Penal Code Sections 11225 through 11235 (red light abatement); is
convicted of a felony offense involving the sale of a controlled substance;
is convicted of any crime involving dishonesty, fraud, deceit, violence,
or moral turpitude; or is convicted in any other state of an offense
which, if committed in this state, would have been punishable as one
or more referenced offenses in this subdivision.
3.
The
city determines that a material misrepresentation was included on
the application for a certificate of registration or renewal.
4.
Violations
of any of the following occurred on the premises of a massage business
or were committed by a massage practitioner: California Business and
Professions Code Section 4600 et seq.; any local, state, or federal
law; or the provisions of this chapter.
B.
Procedures.
Written notice of the denial, suspension or revocation shall be served
on the sole proprietor or owners by certified mail with the legal
violation and supporting facts. The notice shall contain an advisement
of the right to request an appeal hearing before the license board.
C.
Time
Period of Suspension. The certification officer may suspend a city
registration certificate for a period between five days and the end
of the license term, at his or her discretion.
E.
Appeal.
1.
The
decision of the certification officer is appealable to the license
board.
2.
An
appeal must be in writing, and be hand-delivered or mailed to the
license board and accompanied by a filing fee of one thousand dollars.
3.
An appeal must be received by the license board on or before the effective date of suspension or revocation provided by subsection D.
4.
The
filing of a timely appeal will stay a suspension or revocation pending
a decision on the appeal by the license board.
5.
A
hearing shall be scheduled before the license board within thirty
days. Either the appellant or the certification officer may request,
in writing directed to the chair of the license board, a continuance
of the hearing. Such requests must be supported by good cause. The
decision whether to grant a continuance is at the discretion of the
chair of the license board, who shall consider whether granting the
continuance poses a threat to public health or safety in light of
the severity of the violations alleged.
6.
The
decision of the license board shall be a final administrative order,
with no further administrative right of appeal or reconsideration.
The license board may sustain a denial, suspension or revocation,
overrule a denial, suspension or revocation, reduce a revocation to
a suspension and/or reduce the length of a suspension. However no
revocation or suspension shall be reduced to a length of less than
a five-day suspension. Further the license board may stay the effective
date of any suspension for a reasonable time following a hearing.
F.
Reapplication.
No reapplication will be accepted within one year after a certificate
is revoked.
G.
Evidence.
The following rules shall apply to any hearing required by this section.
All parties involved shall have the right to offer testimonial, documentary,
and tangible evidence bearing on the issues, to be represented by
counsel, and to confront and cross-examine witnesses. Any relevant
evidence may be admitted if it is the sort of evidence upon which
reasonable persons are accustomed to rely in the conduct of serious
affairs. Formal rules of evidence and discovery do not apply to proceedings
governed by this chapter. Unless otherwise specifically prohibited
by law, the burden of proof is on the registrant in any hearing or
other matter under this chapter.
(Ord. 1833 § 3, 2015; Ord. 1878 § 4, 2020)
It is unlawful for any person to engage in, conduct, or carry
on outcall massage services.
(Ord. 1833 § 3, 2015; Ord. 1878 § 4, 2020)
It is unlawful and a public nuisance for a massage business
to be operated, conducted, or maintained contrary to the provisions
of this chapter. The city may exercise its discretion, in addition
to or in lieu of prosecuting a criminal action, to commence proceedings
for the abatement, removal, and enjoinment of that business in any
manner provided by law.
(Ord. 1833 § 3, 2015; Ord. 1878 § 4, 2020)
