No person may own or operate a massage establishment without
an annual permit issued by the chief of police. The chief of police
shall have the power and authority to promulgate rules, regulations
and requirements that are consistent with the provisions of this chapter
and applicable state law to investigate, issue, suspend or revoke
massage establishment permits. The chief of police shall collect a
nonrefundable fee, as established by city council resolution, to recoup
all investigative costs. A massage establishment permit is not transferable.
If at any time all or part of the ownership interest changes, or in
the event of a change in address, a new permit application and fee
must be submitted to the chief of police. Operation at a new address
or with a new ownership prior to obtaining a new establishment permit
shall be unlawful. A business providing massage services by certified
massage technicians as an incidental use to their primary business,
as authorized by the Escondido Zoning Code, are exempt from the requirements
of this article. The granting of a permit does not relieve a person
from obtaining all appropriate licenses, certificates, permits, or
approvals required by local, state or federal laws. Persons must comply
with all applicable local, state and federal laws, including those
related to building, zoning, fire and other public safety regulations.
The granting of a permit does not vest any development rights.
(Ord. No. 2023-18, 1/10/2024)
A massage establishment permit shall be valid for one year from
issuance, coinciding with the city business license effective and
expiration dates.
(Ord. No. 2023-18, 1/10/2024)
(a)
An application for a massage establishment permit shall be filed
by an owner on a form provided by the city submitted under penalty
of perjury and shall include the following information:
(1)
The full, true name under which the business will be conducted
and proposed location.
(2)
A complete description of all services to be provided at the
proposed massage establishment.
(3)
The full, true name, residential address, telephone number and
date of birth of the massage establishment owner(s). Each corporate
officer or partner of a massage establishment shall provide their
individual information as required on the application.
(4)
A valid and current driver's license and/or identification
card issued by a state or federal government agency or other photographic
identification bearing a bona fide seal by a foreign government.
(5)
If the owner is a domestic stock,
domestic nonprofit or qualified foreign corporation, limited liability
company, general partnership and limited partnership information of
record with the California Secretary of State, then the owner shall
include copies of the following:
A
A Business Entity Status Report, issued by the California Secretary
of State.
B
Articles of incorporation, charter, articles of association,
statement of partnership authority, certificate of limited partnership
or similar foundational document.
C
Residential and business addresses of each person with more
than a five percent ownership interest in the massage establishment
business entity.
(6)
A signed statement acknowledging the owner(s) responsibility
for the conduct of all employees or independent contractors working
on the premises of the business and acknowledging that failure to
comply with the
Business and Professions Code section 4600 et seq.,
with any local, state or federal law, or with the provisions of this
chapter may result in the suspension or revocation of the massage
establishment permit.
(7)
Tax identification number.
(8)
The name, address, email address and telephone number of the
real property owner and a copy of lease or rental agreement, if applicable.
(9)
A copy of the valid and current state certificate issued by
CAMTC for each massage technician who will work in the massage establishment
whether an employee or independent contractor.
(10)
The name and address of any massage business or other similar
business providing massage services owned or operated by any person
whose name is required to be given pursuant to this section for the
five years immediately preceding this filing of the application.
(11)
A complete statement listing and explaining any and all aliases
and fictitious names used by the owner(s) within the last five years.
(12)
A signed statement authorizing the city, its officers, agents
and employees, to conduct a background check of the owner(s), to seek
information and conduct an investigation into the trust of the statements
set forth in the application and to ensure continual compliance with
all applicable provisions of law.
(13)
Completed fingerprinting and background check for the owner(s)
applying for an establishment permit unless otherwise certified by
CAMTC.
(14)
Proof of liability insurance as required by this chapter.
(15)
Any other information as may be reasonably required by the chief
of police to identify the business owner, applicant and business entity,
and to ensure compliance with all applicable laws and regulations.
(b)
Upon receipt of the completed application, the chief of police
may refer the application to other city departments that may inspect
the premises proposed to be used as a massage establishment and shall
make a written recommendation to the chief of police concerning compliance
with the respective requirements. The chief of police shall have up
to 30 days after the submission of all required information to complete
an investigation.
(c)
An application for a massage establishment permit renewal shall
be filed by an owner on a form provided by the city submitted under
penalty of perjury and shall include the following information:
(1)
Any changes in the information provided on the original application
form.
(2)
A copy of the valid and current state certificate issued by
CAMTC for each massage technician who works in the massage establishment
whether an employee or independent contractor.
(3)
A renewed signed statement authorizing the city, its officers,
agents and employees, to conduct a background check of the owner(s),
to seek information and conduct an investigation into the trust of
the statements set forth in the application and to ensure continual
compliance with all applicable provisions of law.
(4)
A renewed signed statement acknowledging the owner(s) responsibility
for the conduct of all employees or independent contractors working
on the premises of the business and acknowledging that failure to
comply with the California
Business and Professions Code section 4600
et seq., with any local, state or federal law, or with the provisions
of this chapter may result in the suspension or revocation of the
massage establishment permit.
(5)
Proof of a current and valid city business license.
(6)
Proof of liability insurance.
(7)
Any other information as may be reasonably required by the chief
of police to identify the business owner, applicant and business entity,
and to ensure compliance with all applicable laws and regulations.
(d)
The owner shall apply to the chief of police to renew the permit
no later than 30 days prior to the expiration of the permit, or 10
days prior to expiration of the permit if the owner is a sole practitioner
of a sole proprietorship operating a massage establishment. The owner
shall be required to submit a new application upon expiration of their
permit if a timely renewal application was not received. No business
shall occur at any time that the permit is expired.
(e)
An owner shall report any change in massage technicians, employees
or a change in ownership interest or designated operator by filing
a form provided by the city with the chief of police which shall include
the following information:
(1)
The full, true name, residential address, telephone number and
date of birth of the employee, massage technician, or independent
contractor.
(2)
A complete statement listing and explaining any and all aliases
and fictitious names used by the employee, massage technician, or
independent contractor.
(3)
A complete statement listing and explaining any and all roles
and titles held by the employee, massage technician, or independent
contractor.
(4)
A valid and current driver's license and/or identification
card issued by a state or federal government agency or other photographic
identification bearing a bona fide seal by a foreign government of
the employee, massage technician, or independent contractor.
(5)
A copy of the valid and current state certificate issued by
CAMTC for each massage technician who will work in the massage establishment
whether an employee or independent contractor.
(6)
Any other information as may be reasonably required by the chief
of police to identify the massage technician, employee or independent
contractor, and to ensure compliance with all applicable laws and
regulations.
(f)
If the owner is a legal entity other than a natural person,
the legal entity shall authorize, in writing, at least one of its
officers or partners to act on its behalf. The owner(s) or designated
officer or partner shall complete and sign all applications or forms
required of an individual applicant under this chapter. The legal
entity's representative must, at all times, meet all of the requirements
set by this chapter or the massage establishment permit shall be suspended
or revoked.
(Ord. No. 2023-18, 1/10/2024)
A massage establishment permit shall be issued and/or renewed
by the chief of police to any massage establishment that demonstrates
all of the following:
(a)
The operation, as proposed by the applicant, if permitted, would
comply with all applicable laws, including, but not limited to, the
city's building, zoning, business license, and health regulations
and all requirements listed in this chapter.
(b)
The massage establishment employs or uses only massage technicians
with CAMTC state certificates whose certifications are valid and current
and that owners of the state certificates are the same persons to
whom CAMTC issued valid and current identification cards.
(c)
The applicant has provided all information, assurances, or documentation
required by this chapter, has not failed to reveal any fact material
to qualification, and has not supplied information that is untrue
or misleading as to a material fact pertaining to the qualification
criteria.
(d)
The background check for any applicant/owner authorized by the
chapter shows that:
(1)
Such person has not been required to register under the provisions
of section 290 of the California
Penal Code;
(2)
There exists no probable cause to believe such person has been
in violation of the crimes indicated in this chapter or California
Penal Code section 415;
(3)
Such person has not had an individual or business permit or
license with any agency, board, city, county, territory, or state
denied, revoked, restricted, or suspended within the last five years;
and
(4)
Such person has not been subject to an injunction for nuisance
under
Penal Code sections 11225 through 11235 within the last five
years.
(Ord. No. 2023-18, 1/10/2024)
(a)
An establishment permit may be suspended or revoked upon any
of the following grounds:
(1)
There is cause to believe an owner or operator has committed
a violation that could have caused denial of the massage establishment
permit.
(2)
There is cause to believe an owner has made a material misrepresentation
on the application for a massage establishment permit or renewal.
(3)
There is cause to believe the owner or operator or massage technician
has engaged in conduct in a manner which violates any of the provisions
of this chapter, any conditions of the massage establishment permit,
or any of the laws which would have been grounds for denial of the
massage establishment permit.
(4)
Violations of this chapter or of California Business and Professions
Code section 4600 et seq., have occurred on the business premises.
(5)
The owner or operator has failed to comply with one or more
of the owner and operation requirements under this chapter.
(6)
The registered permit holder has engaged in fraud, misrepresentation,
or false statements in obtaining or renewing a massage establishment
permit.
(b)
Any repeat violations or any arrests that result in criminal
charges shall provide a prima facie basis for revocation.
(Ord. No. 2023-18, 1/10/2024)
(a)
Notice of permit denial, suspension or revocation shall contain
a statement of the violation(s) which constitute the basis for the
suspension or revocation and information about the right to appeal.
Notice of the suspension or revocation shall be given by first class
mail to the owner and real property owner at the addresses shown on
the massage establishment permit. Service shall be deemed complete
when the notice is mailed by first class mail. The owner shall have
10 calendar days from the date the notice is served to appeal to the
city manager in writing and upon payment of an administrative decision
appeal fee. Upon issuance of a notice of suspension or revocation,
the massage establishment permit shall be surrendered and no massage
activity may occur while any appeal proceeds.
(b)
Upon receipt of an appeal, the city manager shall appoint a
hearing officer. A hearing shall be scheduled upon not less than 10
calendar days and not more than 30 days, unless extended by mutual
agreement. Notice of the hearing shall be given by first class mail
to the owner and real property owner at the addresses shown on the
massage establishment permit. Service shall be deemed complete when
the notice is mailed.
(c)
The hearing officer's jurisdiction is limited to determining
whether evidence exists to provide grounds for the massage establishment
permit denial, suspension or revocation.
(d)
The city shall provide proof of any violations by a preponderance
of the evidence. Formal rules of evidence shall not apply to the hearing.
(e)
The hearing officer shall:
(1)
Receive evidence regarding the proposed suspension, revocation
or permit denial.
(2)
Maintain a record of all evidence introduced.
(4)
Consider the nature, volume, severity, and frequency of any
violations.
(5)
Decide whether grounds exist of the suspension or revocation
or denial.
(6)
Issue a written decision within seven days of the hearing that
includes the factual and legal basis of the decision and a notice
of the appeal rights contained in this chapter.
(f)
The hearing officer's decision shall be final upon mailing
by first class mail to the owner and real property owner at the addresses
listed on the massage establishment permit application.
(Ord. No. 2023-18, 1/10/2024)
(a)
An owner may not submit a new application within five years
of having an application or renewal of a massage establishment permit
denied, or a message establishment permit revoked, as a result of
violations of this chapter.
(b)
If a massage establishment permit is revoked, or not renewed
as a result of violations of this chapter, no massage establishment
permit may be issued at that location for a period of one year from
the date of revocation or non-renewal. If the massage establishment
whose permit was revoked, or not renewed as a result of violations,
is located in a multi-unit property, no other unit in the same property
may be occupied by any massage establishment for a period of one year
from the date of the revocation or non-renewal. This limitation shall
not apply to massage establishments that are already located in a
unit at the property as of the date of revocation or non-renewal.
(Ord. No. 2023-18, 1/10/2024)