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.
(3) 
Record the hearing.
(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.
(g) 
The hearing officer's decision is subject to review pursuant to California Code of Civil Procedure section 1094.6.
(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)