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HomeMy WebLinkAboutCD Massage Inspectionscrry of 4009 Agenda Item No: 7' b 'n. Meeting Date: December 1, 2014 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: qCommunity Development/City Attorney J/j Prepared b. - City Manager Approval" +' r��t� Paul )ens , Community Developmentfor (RB) Lisa Goldfien. Assistant City Attorney SUBJECT: San Rafael Municipal Code (SRMC) Amendment to Title 10.90 (Massage Therapy). Text amendments to SRMC Title 10.90 (Massage Therapy) to reflect: 1) Changes to state law related to Massage Therapy through the passage of Assembly Bill (AB 1147), signed into law on September 18, 2014 and set to be effective on January 1, 2015; and 2) clean up, modification and clarification of Ordinance provisions related to registration, inspections, operational standards and revocation process; File No.: P14-013 RECOMMENDATION: Staff recommends that the City Council: 1. Pass Ordinance to Print, amending San Rafael Municipal Code Title 10.90 (Massage Therapy) as outlined in Attachment 1; and 2. Direct the city Clerk to schedule the ordinance for adoption at the next regular City Council meeting of December 15, 2014 BACKGROUND: Senate Bill SB731: The City's Massage Ordinance (SRMC 10.90) was last updated in November 2010 (Ordinance No. 1890). The 2010 update was prompted by changes in State Law (SB 731) in 2009. Professional massage therapists pushed for adoption of SB 731 in response to what they saw as patchwork, and overly harsh, local regulations of the massage therapy profession throughout the state. SB 731, called the Massage Therapy Act, created a quasi -State agency (California Massage Therapy Council aka CAMTC) to regulate massage therapists and established stringent new limits on the power of cities and counties to regulate massage therapists and massage businesses. The State law included a sunset clause, expiring on January 1, 2015, to allow the state to review the law and its impacts. The City's 2010 update to the Massage Ordinance brought it into compliance with SB 731, and emphasized enforcement through a new administrative process, rather than the criminal process used under the prior ordinance, which had proved ineffective. Unfortunately, FOR CITY CLERK ONLY File No.: q -to 3 V 9-3-3,0 1 tet' -3_/6 Council Meeting: 1.;l -I rf .2+01y Disposition: ec!:;)�PPrut �92� immediately following adoption of the Ordinance in 2010, the Police Department, which was assigned to implement and enforce the Ordinance, experienced substantial budget and staff reductions, Therefore, from 2010-2013, there was limited implementation and enforcement of the new Massage Ordinance. In 2013, in an effort to step up enforcement of the Massage Ordinance, its was been tasked to the Community Development Department (Code Enforcement Division). Since then, Code Enforcement staff has worked with an outside contractor, CSG Consultants, to implement for the first time the ordinance's registration process and inspections of all Massage establishments. Pursuant to this program, numerous citations have been issued to noncompliant businesses, and the City has required one establishment to cease operations. Five other massage businesses have shut down on their own initiative, Assembly Bill ABI 147: Earlier this year, the State updated and extended the Massage Therapy Act. On September 18, 2014, the Governor signed AB 1147 into law, to become effective on January 1, 2015. This update to state law was performed for two reasons., 1) the current law was set to sunset on January 1, 2015 absent an extension by the Legislature; and there were significant concerns expressed by numerous cities and counties throughout the stal that the effects of the current law's limits on the power of local jurisdictions to regulate massagf businesses had led to an explosion of new illicit massage establishments 'in their communities since 2009. AB 1147 extends the law for another 2 -year period, from January 1, 2015 through January 1, 2017, and results in three main changes to existing law: Changes to CAMTC Governance. CAMTC is the quasli-governmental body that was originally established in 2009 through pursuant to SB 731 to regulate massage practitioners and their education. Under SB 731, the CAMTC Board was primarily composed of massage industry leaders. AB 1147 reduces the number of Board of Directors from 20 to 13 and broadens the diversity of the Board's makeup to include fewer massage industry members and additional representatives of a variety of stakeholders, including local law enforcement, State education, anti-human tracking and others, Return Local Control. The prior law, SB 731, eliminated local zoning control of massag-"u establishments and mandated that a city could not treat massage uses any different from any other personal or professional service uses, like nail salons, shoe repair,, trav agents, doctors, etc. AB 1174 returns zoning control over massage businesses to citie Cities can also now charge reasonable costs to cover their time in regulating massage establishments. I Educational Requirement Changes. AB 1147 would increase educational requirements for Certified Massage Therapists and also give CAIVITC the authorization to approve schools, rather than just pursue the rejection of problem schools and so-called diploma mills. According to CAMTC, the official list of approved California massage schools should be completed by 2016. A copy of the AB 1147 in its entirety is attached as information to this staff report (Attachment 2, pages 35-53 of this report) certification of massage practitioners. Cities are only allowed to verify that massage practitioners are certified through CAMTC. WM" slast 11 -IT -115 -a -M jearS OT pel-Torming registra *71-1-artlo-1-17ispFctions UT massage es..—.— I 1-1� and pursuing enforcement on non-compliant businesses. The proposed new Ordinance is provided in Attachment 1, pages 9-33 of this report) and has been marked up using trakit changes (stk-e�� text for deletions and underline text for additions). For the purposes of this discussion, staff will not identify every charges to the ordinance, but rather highlight the substantive changes. 10.90,060 (Operation of certified massage establishment—Certificate required) This section establishes the requirement for persons who seek to operate a massage establishment who are also certified massage therapists. As certified massage therapists, the CAMTG performs background checks and we as a city are rot allowed to require additional verification or background checks. The following more substantive changes are proposed to this subsection: 1 O 90.60. A. 6 - Clarifies that when a massage establishment registers, it must r! 1, the names of all massage therapists that the massage employs, Laterprovisions of Ordinance already require that only certified massage therapists be employed by a massage establishment and that no visitors or patrons be permitted outside the reception area unless they are a patron receiving a massage or certified massage therapist. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 10.90.060.8 - Based on the new state law, cities can now collect a fee to cover the staff time associated with the registration process for new certified massage establishments. A separate fee schedule amendment will be brought to the Council at a future date to establish the appropriate fee. • 10.90.060.F - Creates a new appeals process if the city denies an application for a certified massage establishment. 10.90.060.1– Clarifies that massage establishments are not allowed to employ a new massage therapist, until that therapist is added to the businesses registration and the City approves the change. In addition, based on the state law, a fee can be charged by the city to cover staff time in processing such a request. Over the past year, staff has discovered many therapists working in massage establishments who are not registered to work at the business. This change will clarify that they cannot perform massage until the registration for the business is amended to include that employee and it is approved by the city. 10.90.060.J.2 – This section clarifies that if a certificate for a massage establishment is revoked, the city may impose a one year moratorium during which the property owner would be unable to lease to another massage establishment. • 10.90.060.J,3- Clarifies that a certified massage establishment certificate cannot be renewed or amended until any unpaid citations are paid (those citations that are due, meaning they are past the 30 days to pay or appeal). • 10.90.060. J. 4 - Clarifies that if a notice of revocation or suspension has been issued, the City will not process an application for a sale to a different operator at the same address. This will prevent an owner of a massage establishment who is facing a revocation hearing for their business from selling the business before the revocation hearing is conducted and the city takes action. Section 10.90.070 (Regulations applicable to operation of massage establishment, other than certified massage establishment—Operator permit required) This section deals with the requirement for persons who seek to own a massage establishment and are not certified massage therapists. As non -certified massage therapist, the application requirements are more stringent for these types of owners, since they do not go through the background check process by the CAMTC_ The following more substantive changes are proposed to this subsection: • 10.90.070.6 – Same as 10.90.0600A.6, but this section deals with operator permits. Operator permits are those owners of massage establishments who are not also certified massage therapists. • 10.90, 070. F - Same as 10.90.060. F, except this is for establishments operating under an operator permit. • 10.90.070.1– Same as 10.90.060.1, except this is for establishments operating under an operator permit. • 10, 90.070,J.2– Same as 10,90.060.J.2, except this is for establishments operating under an operator permit. 1 0.90.070 J, 3 - Same as 10. 90.060J. 3, except this is for establishments operating, under an operator permit. 10. 90.070, J. 4 - Same as 10. 90.060. J. 4, except this is for establishments operatil under an operator permit. 10.90.090.(Reguirements for all massage establishment facilities and operations) This section establishes the operational, physical facility and building and fire code requirements, health and safety requirements, and attire and physical hygiene requirements th all massage establishments must abide by. The following more substantive changes are proposed to this subsection: I 10,90.090.A.3 — This section has been added to clarify that during the hours of operation, patrons are only allowed in massage rooms if at leastone certified massage practitioner is present, Furthermore, it clarifies that patrons or visitors are not permitted in any employee break room or anywhere behind the front reception area, Tzrorly M. I "His 10, 90,090. B - This section is amended to state that a reception area is required and that if the massage establishment has no employees, the main on" door shall remain open at all times during business hours, The City has had an issue in the past with massage establishments that have multiple employees keeping their doors locked during business hours, preventing inspectors from gaining access to the business. The new state law now allows the City to require the door to remain unlocked unless the business has no employees and is a sole proprietorship, 10.90.090,D.1- This section is amended to be consistent with the new state law 4 identify the prohibited type of dress for massage practitioners. 10. This section ideriffies that any time a massage business changes its name, ownership or location, the operator must apply for a new certified massage establishment certificate or operator permit. The following rrore substantive change is proposed to this subsection: -10. 90. 100 - This section is amended to clarify that no new application for a change to business owner, location or business name approved by the City until any outstanding citations paid in full. 10.90.120 (Ground for revocation or suspension of operator permit or certified massaqe establishment certificate) This section identifies the grounds for which a certified massage establishment certificate or operator permit may be brought up for revocation or suspension. The following more substantive change is proposed to this subsection: 10, 90.120 — Additional language is included to clarify that all owners of message establishments are deemed to know and understand the requirements of the Ordinance and that revocation or suspension may be pursued, even on a single occasion of violation, This section establishes the process for which the City may seek revocation or suspension of a massage establishment. 10.90.130 — The main change in this section is that one of two hearings (appeal hearing) is removed from the process for a revocation or suspension case. In the current ordinance, there were two hearing opportunities, one before a hearing officer and a subsequent right to appeal that decision to another hearing officer This change will result in only one administrative hearing being afforded to the message establishment after which the operator may resort to the courts to challenge the decision. California Environmental Quality Act: This Ordinance is exempt from the California Environmental Quality Act ("CEQX) pursuant to the State CEQA Guidelines, since it can be seen with certainty that there is no possibility that this Ordinance containing minor amendment�� to the registration, inspection and revocation processes for massage establishments or its implementation would have a significant effect on the environment and is covered by the general rule, pursuant to 14 Cal Code Regs. Section 15061(b)(3). 1411BLIC NOTICE: Notice of these proposed amendments was provided 10 days before the Council meeting to all massage establishments currently operating and registered with the City as well as the property owners for all sites that have a massage establishment and other interested parties (Attachment 3, page 55 of this report). In addition, notice of this hearing was published in the Marin IJ on Saturday, November 21, 2014. The draft text of the Ordinance amendments were posted on the city's web site and the public notice referred notices to the web site to review the proposed amendments. FISCAL IMPACT: Adoption of the Ordinance amendments would not result in a significant fiscal impact to the City, aside from the staff time of the City Attorney's office and Community Development Departmen) that was required to review and monitor the state law update process, review the final State law, develop and prepare the draft amendments to the Ordinance and prepare this staff report, The fiscal impact of the on-going implementation of the Ordinance is a separate matter that has been previously reviewed and authorized by the Council, through the adoption of a contract for code enforcement services with an CSG Consultant, an outside contractor, to manage the implementation of the ordinance, inciuding registration, inspection, citation for violations, pursuing enforcement and revocation proceedings against major violators. The current contract for the code enforcement services was authorized by City Council Resolution #13734, approved June 2, 2014, and includes a nct-tc-exceed budget that is valid through September 2015. CONCLUSION; Staff has been implementing the current Massage Ordinance for the past one -and -one -h years, Certain amendments to the Ordinance are required to comply with the provisions of I new State law. in addition, during the last year and a half of enforcement, staff has discover many areas of the Ordinance that could be clarified in order to facilitate effective enforcement.1 9130MMIl 11111, 1 1, 11] 111 ! 1111111 11 ii I sMpfffm The goal of the amendments is to strengthen the City's regulations governing massage establishments. The City welcomes and encourages legitimate massage establishments and practitioners as they perform a vital service, However, to encourage and support those legitimate massage businesses, we must inspect all establishments and enforce the City's regulations, Through the diligent Implementation of the amended Ordinance, the City will clearly discourage illegitimate and non -complaint massage establishments. Aside from these amendments, staff may return to the Council with a recommendation to adopt moratorium on new massage tel..shments as a way to provide the City with time to consider potential zoning modifications, OPTIONS: The following options may be considered by the City Council: 1. Pass the Ordinance to print (staff recommendation); or k Continue the matter to a future City Council meeting for further review and discussion, or ACTION REQUIRED: It is recommended that the City Council adopt the attached Resolution, ATTACHMENTS., 1, Draft Ordinance with strikethrough/underline, illustrating specific edits to 9 amending San Rafael Municipal Code Section 10.90 M 3, Public Hearing Notice 55 DRAFT DATE: 11/20/2014 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING SAN RAFAEL MUNICIPAL CODE CHAPTER 10.90 RELATING TO MASSAGE THERAPY PRACTITIONERS AND ESTABLISHMENTS WHEREAS, there is substantial research that indicates that the skillful practice of massage can provide many health benefits including relief of pain from disease, injury and other sources, and that massage can be a valuable component of a wellness program; and WHEREAS, in 2008 by Senate Bill 731 ("SB 731"), the Legislature added new Chapter 10.5 (Sections 4600 et seq.) to the California Business and Professions Code, entitled "Massage Therapists," which provides for the formation of a nonprofit "Massage Therapy Organization" to oversee a state -sanctioned program of certification for massage therapy practitioners; and WHEREAS, SB 731 established a scheme for a voluntary certification process for persons wishing to practice massage therapy in California, with the intention of enabling persons so certified to practice massage therapy in any city within the State without being required to obtain a local pen -nit to practice; and WHEREAS, SB 731 included a sunset clause, expiring on January 1, 2015, to allow the state to review the law and it's impacts; and WHEREAS, the "California Massage Therapy Council" was formed to administer the laws enacted by SB 731, including the issuance of certifications to qualified massage practitioners; and WHEREAS, in 2010, the City Council adopted San Rafael Municipal Code Chapter 10.90, establishing regulations governing massage therapy businesses and practitioners in compliance with SB 731, with the intention of reducing City involvement in local massage therapy licensing, while still encouraging and facilitating the ethical practice of massage therapy and complying with State law, by relying upon the uniform statewide regulations enacted by SB 731, and restricting the commercial practice of massage in the City to those persons duly certified to practice by the California Massage Therapy Council; and WHEREAS, in September 2014, the Legislature adopted Assembly Bill 1147 ("AB 1147"), amending the laws enacted by SB 731, which will go into effect on January 1, 2015; and WHEREAS, the City Council wishes to amend San Rafael Municipal Code Chapter 10.90 as a result of the enactment of AB 1147 as well as clean up, modify and clarify the Ordinance provisions related to registration, inspection, operational standards and revocation process; and WHEREAS, this ordinance is enacted pursuant to Government Code Sections 51030- 51034 and Business and Professions Code Sections 4600 et seq., as amended by AB 1147; 1 V DRAFT DATE: 11/20/2014 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS: DIVISION 1: San Rafael Municipal Code Chapter 10.90 entitled "Massage Therapy" is hereby amended to read in its entirety as follows: 10.90.010 Purpose and intent. It is the purpose and intent of this chapter to provide for the orderly regulation of offices and establishments providing massage therapy services, and to prevent and discourage the misuse of massage therapy as a front for prostitution and related activities in violation of state law, all in the interests of the public health, safety, and welfare, by providing certain minimum building, sanitation, and operation standards for such businesses, and by requiring certain minimum qualifications for the operators and practitioners of such businesses. It is the further intent of this chapter to streamline local massage therapy permitting procedures, while still facilitating and advancing the ethical practice of massage therapy, by relying upon the uniform statewide regulations enacted by the Legislature in 2008 as Business and Professions Code sections 4600 et seq., ,known as the Massage Therm Act, and by restricting the commercial practice of massage in the city to those persons duly certified to practice by the California Massage Therapy Council formed pursuant to those statutes. 10.90.020 Definitions. For the purpose of this chapter, unless the context clearly requires a different meaning, the words, terms, and phrases set forth in this section shall have the meanings given them in this section: A. "California Massage Therapy Council" means the Massage Therapy Organization formed pursuant to tea! nr c Code eti ''� �thc Massage Therapy Act. B.—"Certified massage establishment" means a massage establishment, including, but not limited to, a sole proprietorship, where each massage establishment owner and each person employed or retained to practice massage therapy for compensation as defined in subsection 10.90.050(B) is a certified massage practitioner. 8-.C. "Certified massage establishment certificate" means the city -issued certificate required by this chapter to operate a certified massage establishment. C- Q. "Certified massage practitioner" means any individual certified by the California Massage Therapy Council as a Certified Massage Practitioner or as a Certified Massage Pi DRAFT DATE: 11/20/2014 Therapist pursuant toCalif6mia Business and Pi-efiessions Code seetions '1600 . the Massage Therapy Act. B-E. "Compensation" means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value. E1'. "Inspector" means the person or persons designated by the permit authority to conduct any inspections required or permitted under this chapter. f --G. "Massage," "massage therapy," and/or "bodywork" for puiWses of this chapter are used interchangeably and shall mean the skillful application of touch, including but not limited to, pressure, stroking, kneading, compression on or movement of the external surfaces of the body by a practitioner to produce increased awareness, relaxation, pain relief, injury rehabilitation, or neuromuscular reeducation. 6 [ 1. "Massage establishment" shall include the tenn "massage and/or bodywork office or establishment", and means any business or establishment that offers massage therapy in exchange for compensation, whether at a fixed place of business or at a location designated by the patron. Any business or establishment 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 establishment under this chapter. �4-1. "Massage establishment owner" or "owner of a massage establishment" shall mean and include any of the following persons: 1. The sole proprietor of a sole proprietorship operating a massage establishment. 2. Any general partner of a general or limited partnership that owns a massage establishment. 3. Any person who has a ten (10) percent or greater ownership interest in a corporation that owns a massage establishment. 4. Any person who is a member of a limited liability company that owns a massage establishment. 5. All owners of any other type of business association that owns a massage establishment. 4.1. "Operator permit" means the permit required by this chapter to operate a massage establishment that does not qualify, as a certified massage establishment. d-K."Operator" or "massage establishment operator" means any and all owners of a massage establishment. L_"Outcall massage service" means the engaging in or carrying on of massage therapy for compensation at a location other than a massage establishment that has been permitted pursuant to this chapter. M. "Patron" means an individual on the premises of a massage establishment for the purpose of receiving massage therapy. K 3 DRAFT DATE; 11/2€1/2014 -L-,V, "Permit authority" means the chief of police or his or her designee charged with the administration of this chapter. M-0. "Person" means any individual, firm, association, partnership, corporation, joint venture, limited liability company, or combination of individuals. 4-.P. "Reception and waiting area" means an area immediately inside the kwit-main entre door of the massage establishment dedicated to the reception and waiting of patrons of the massage establishment and visitors, and which is not a massage therapy room or otherwise used for the provision of massage therapy services. GQT_"Sole proprietorship" means and inelede any legal fb of busi-negs oa gartizet4 "sole " ,. age sem,wesa, massage establishment where the owner owns 100 percent of the business, is the only person who provides massage services for compensation for that business pursuant to a valid and active Call -fon -iia Massage Therapy Council certificate. and has no other employees or independent contractors. 4)-.R. "Visitor" means any individual not retained or employed by the massage establishment and not receiving or waiting to receive massage therapy services, but excluding law enforcement personnel or governmental officials performing governmental business. 10.90.030 Certification by California Massage Therapy Council required for practitioners. ?n -aid after-Maf-eh 1, 2011, -ilt shall be unlawful for any individual to practice massage therapy for compensation within the city unless that individual is ta-currently= certified as a Cet4ified certified N4assai!e massage practitioner as defined in section 10.90.020, 10.90.040 (Reserved.) 10.90.040 Certified fnws��etifleaem, Cio, registration cer-t-ifiente require ■ N 4 DRAFT DATE; 11/20/2014 10.90.050 Operation of massage establishments—Certified massage establishment certificate or operator permit required. A. On afieF Ma!-cli 1, 2011 —ilt shall be unlawful for any person or persons to operate a massage establishment within the city without first obtaining a certified massage establishment certificate or an operator permit pursuant to the requirements of this chapter. B. On and after Nfitfeh 1. -2011. ilt shall be unlawful for any massage establishment operator within the city to employ or retain any person to practice massage therapy for compensation, or to allow any person to perform massage ther«-ELNcompensation on the premises of a massage establishment, unless that person is a certified massage practitioner. For purposes of this chapter, a massage establishment operator "employs or retains" a person to practice massage therapy for compensation when: 1. That person is a directly paid employee of the massage establishment; or 2. That person's association with a massage establishment is that of an independent contractor who receives compensation for massage therapy provided to patrons of the massage establishment; or That person receives a referral of patrons from the massage establishment and. at any time before or after the referral, arranges in any way for compensation to flow to the massage establishment operator (regardless of whether the parties involved acknowledge that compensation is flowing in exchange for the referral, or whether such parties record such compensation in their financial records). �C. It shall be unlawful for an massage establishment operator within the city to emnlov or retain any person to practice massae therapy -for compensation—or to allow any—person to perform massage therapy for compensation on the premises of a massage establishment unless and until that person is listed on the certified massage establishment certificate required by Section 10.90.060 of this chanter. or the onerator hermit required by Section 1 1 1 as " s 10.90.060 Operation of certified massage establishment—Certificate required. 5 a 10.90.050 Operation of massage establishments—Certified massage establishment certificate or operator permit required. A. On afieF Ma!-cli 1, 2011 —ilt shall be unlawful for any person or persons to operate a massage establishment within the city without first obtaining a certified massage establishment certificate or an operator permit pursuant to the requirements of this chapter. B. On and after Nfitfeh 1. -2011. ilt shall be unlawful for any massage establishment operator within the city to employ or retain any person to practice massage therapy for compensation, or to allow any person to perform massage ther«-ELNcompensation on the premises of a massage establishment, unless that person is a certified massage practitioner. For purposes of this chapter, a massage establishment operator "employs or retains" a person to practice massage therapy for compensation when: 1. That person is a directly paid employee of the massage establishment; or 2. That person's association with a massage establishment is that of an independent contractor who receives compensation for massage therapy provided to patrons of the massage establishment; or That person receives a referral of patrons from the massage establishment and. at any time before or after the referral, arranges in any way for compensation to flow to the massage establishment operator (regardless of whether the parties involved acknowledge that compensation is flowing in exchange for the referral, or whether such parties record such compensation in their financial records). �C. It shall be unlawful for an massage establishment operator within the city to emnlov or retain any person to practice massae therapy -for compensation—or to allow any—person to perform massage therapy for compensation on the premises of a massage establishment unless and until that person is listed on the certified massage establishment certificate required by Section 10.90.060 of this chanter. or the onerator hermit required by Section 1 1 1 as " s 10.90.060 Operation of certified massage establishment—Certificate required. 5 DRAFT DATE: 11/20/2014 On and after M Feh-1 2011, —o certified massage establishment shall operate within the city without first obtaining a certified massage establishment certificate under this section. A. Application for Certified Massage Establishment Certificate. All owners of the certified massage establishment, or their duly authorized agent, shall file an application for a certified massage establishment certificate for the massage establishment, on a form provided by the permit authority. For purposes of this section, the "applicant" for the certified massage establishment certificate shall refer to and include each and every owner of the massage establishment. The application shall include the following information: 1. The name, address, and telephone number of the massage establishment: 2. The name, residence address and telephone number, and business address and telephone number of the massage establishment owner(s) applying for the certified massage establisl-rment certificate. 3. The form of business under which the applicant will be conducting the massage establishment, i.e.; corporation, general or limited partnership, limited liability company, or other form. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence addresses of each of its officers, directors, and each shareholder holding more than ten percent (10%) of the stock of the corporation. If the applicant is a general or limited partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one (1) or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply. If the applicant is a limited liability company, the application shall set forth the name and residence address of each of the members. If one (1) or more of the members is a partnership, limited liability company, or corporation, the provisions of this section pertaining to a partnership, limited liability company, or corporate applicant shall apply, as applicable. 4. The name and address of the owner of the real property upon, in, or from which the certified massage establishment is to be operated. In the event the applicant is not the legal owner of the property, the application shall be accompanied by a copy of any written lease between the applicant and the property owner authorizing use of the premises for a massage establishment, or, alternatively, if there is no written lease, then a written, notarized acknowledgment from the property owner that the property owner has been advised that a massage establishment will be operated by the applicant upon, in, or from the property owner's property. A description of the proposed massage establishment, including the type of treatments to be administered. -The name of each person that the massage establishment employs or retains to perform massage therapy for compensation. whether on or off the massage establishment premises. 9 DRAFT DATE: 11/20/2014 �7.For each person that the massage establishment does or will employ or retain to perform massage therapy for compensation, whether on or off the massage establishment premises. a copy of that person's current certification from the California Massage Therapy Council as a certified massage practitioner or as a certified massage therapist. and a copy of that person's current California Massage Therapy Council -issued identification card. &.-S.For each owner of the certified massage establislunent, a copy of that person's current certification from the California Massage Therapy Council as a certified massage practitioner or as a certified massage therapist and a copy of that person's current California Massage Therapy Council -issued identification card. B. Application Fee. TheFe shall be no f t.tapply An application for 0+,-a certified massage establishment certificate shall be accompanied by a fee as established by the City's Master Fee Schedule. 9: C. Massage Establishment Facilities and OperationsRequirements for Certified Massage Establishment. A certified massage establisl-unent shall comply with the requirements of section 10.90.090, with the following exceptions: 1. Sole Proprietorship. The provisions of subsections 10.90.090(A)(2) and 10.90.090(B)(1)—(3) shall not apply to a certified massage establishment which is a sole proprietorship, even if that sole proprietorship is located in a suite of offices with other businesses. 2. Home Occupation. Where a certified massage establishment is a home occupation, as defined in–section 14.03.030 of this code, and the operator has complied with the provisions of section 14.16.220 of this code pertaining to home occupations, the provisions of subsections 10.90.090(A)(2) and 10.90.090(B)(l)—(3) and (B)(5) shall not apply, and the portions of the residence subject to the requirements of subsections 10.90.090(B) and (C) shall be only those portions that are used at any time by the patron of the massage establishment. —Certified Massage Establishment Certificate—Issuanc . D. The permit authority shall grant a certified massage establishment certificate to an applicant who has satisfied the requirements of this section and all other applicable laws, including, but not limited to, the city's building, zoning, and health regulations. The certificate shall include, but not be limited to, the name of the massage establishment, the address of the massage establishment, the names of the owner or owners of the massage establishment, the date of issuance of the certificate, the date of expiration of the certificate, the certificate number, a listing of the certified massage practitioners registered and authorized to perform massages for the massage establishment, and a listing of any other persons employed or retained to work in any other capacity on the premises. 7 DRAFT DATE; 11/20/2014 E. Notice to Property Owner. Where the applicant is not the record owner, as shown on the latest county assessment roll, of the property upon, in, or from which the certified massage establishment is to be operated, then upon issuance of a certified massage establishment certificate, the permit authority may send a written notice to the property owner advising of the issuance of the certificate and of the regulations applicable to the massage establishment and the property pursuant to this chapter. Any other notices sent to the applicant pursuant to this chapter at any time before or after issuance of the certified massage establishment certificate may also be sent to the property owner. F. Notice of Denial—Appeal—Judicial I�evieNv�1. If an application for a certified massage establishment certificate is denied, the permit authority shall serve on the applicant, in the manner provided in section 1.08.060 of this code, a written notice of denial which shall specify the grounds for the denial • nd shall at+-�fpeal pmcedure as r! fiai4hin subseotion 10.90.0(D) of this eade The applicant shall have the right to appeal from a decision by the permit authority to deny a certificate application by filing with the city clerk a written notice of appeal. specifying the grounds for Stich appeal. within fifteen (15) days after the decision has been served on the applicant. Such appeal shall be heard by a hearing officer appointed by the permit authority, upon not less than fifteen (15) days written notice to the applicant. The designated hearing officer shall consider all relevant evidence at the hearin ,. may continue the hearing for good cause. and may require such legal briefing as may be required to address tiny issues raised by the appeal. Within a reasonable time. but not more than thirty (30) days following the conclusion of the hearing, the hearing officer shall issue a written decision as to whether the application shall be granted or denied, supported bti' factual findings and determinations referenced by supporting evidence. The written decision shall be served on the applicant as provided in Code of Civil Procedure Section 1094.6, with a copy served on the permit authority. The written decision of the hearing officer shall be final and shall be sub ect tojudiciai review according to the provisions and time limits set forth in Code of Civil Procedure Section 1094.6. E -G. Display of Certificate. Each holder of a certified massage establishment certificate shall display that certificate in an open and conspicuous place on the premises visible from the efi!FafiEmain entry door and/or reception and waiting area of the massage establishment. STT. Term. A certified massage establishment certificate issued pursuant to the terms of this chapter shall be valid for a term of one (1) year from the date of issuance, and, unless suspended or revoked, shall must _ be renewed by the massage establishment operator annually so long as the massage establishment is operating within the city. I_Requirement to Amend Certified Massage Establishment appliea plication, Amendment Fee. In addition to the requirements of sections 10.90.100 and 10.90.110, whenever the information provided in the application for certified massage establishment certificate on file with the city changes, for example by a change in employees, the operator shall, within ten (10) business days after such change, file with the Den -nit authority an application for amendment to the certified massage establishment amity to reflect such change. An application for an amendment to a..certified massage 8 DRAFT DATE: 11/20/2014 establishment certificate shall be accompanied by a fee as established by the City's Master Fee Schedule. It shall be a violation of Section 10.90.050(C) of this chapter for the operator to allow any person to perform masse therapy for compensation on the premises of a massage establishment unless and until an amended certified massage establishment certificate has been issued by the permit authority identifying that person as employed or retained by the massage establishment to practice massage therapy for compensation. G_. fl--J.Violations---Operator Responsibility; Suspension or Revocation of Certified Massage Establishment Certificate. For the purpose of enforcing the requirements of this chapter, the massage establishment operator shall be responsible for the conduct of all massage establishment employees, agents, independent contractors, or other representatives while such persons are on the premises of the massage establishment or providing outcall massage services on behalf of the massage establishment. 2. In addition to any other remedy available to the city under this code or state law, a certified massage establishment certificate may be suspended or revoked by the permit authority as provided in_°�e�n Sections 10.90.120 and 10.90.130. Upon revocation of a certified massage establishment certificate for a massage establishment, the massage establishment shall immediately cease operation, and; if so ordered by the �t •.•.thearingT officer, no other massage establishment shall be permitted to operate at that location by any person for a period of not less than one (1) year ("the moratorium period"). If the operator is not also the legal owner of the real property on which the massage establishment is situated, notice of such revocation and the one-year prohibition shall be provided by the permit authority to the owner of record of the property as shown on the latest county assessment roll. 3. In addition to any other remedy available to the city under this code or state law, a certified massage establishment certificate may not be renewed or amended by operator unless and until due and unpaid citations issued to the operator pursuant to this chapter are paid in full. Citations shall not be deemed to be due and unpaid until the 30 - day period for appeal of the citation has passed. _r. Notwithstanding any other provision of this chapter, where a Notice of Revocation or Suspension has been issued to the operator of a massage establishment pursuant to Section 10.90.130 of this chapter. the permit authority shall not process orrag nt an application for,or grant teany , a certified massage establishment certificate or operator permit for a new massage establishment at the same premises unless and until such Notice of Revocation or Suspension is: dismissed: or a final determination is made pursuant to that section that the current operator's certified massage establishment certificate or operator permit is not or should not be revoked: or any moratorium period imposed pursuant to this subsection or subsection 10.90.070(K) has expired. DRAFT DATE: 11/20/2014 10.90.070 Regulations applicable to operation of massage establishment other than certified massage establishment—Operator permit required. On and a€teF Mareh 4—,204 -"No massage establishment may operate in the city that does not qualify as a certified massage establishment, unless and until all owners of the massage establishment have applied for and obtained an operator permit for the massage establishment from the permit authority under this section. A. Application for Operator Permit. All owners of the massage establishment, or their duly authorized agent, shall file an application for an operator permit for the massage establishment on a form provided by the permit authority. For purposes of this section, the "applicant" for the operator permit shall refer to and include each and every owner of the massage establishment. The application shall include the following information; 1. Name, address, and telephone number of the massage establishment. 2. The name, residence address and telephone number, and business address and telephone number of the massage establishment owner(s) applying for the operator permit. . The form of business under which the applicant will be conducting the massage establishment, i.e.. corporation, general or limited partnership, limited liability company, or other form. If the applicant is a corporation. the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence addresses of each of its officers, directors, and each shareholder holding more than ten percent (10%) of the stock of the corporation. If the applicant is a general or limited partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one (1) or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply. If the applicant is a limited liability company, the application shall set forth the name and residence address of each of the members. If one (1) or more of the members is a partnership, limited liability company, or corporation, the provisions of this section pertaining to a partnership, limited liability company, or corporate applicant shall apply, as applicable. �: 4. The name and address of the owner of the real property upon, in, or from which the massage establishment is to be operated. In the event the applicant is not the legal owner of the property, the application shall be accompanied by a copy of any written lease between the applicant and the property owner authorizing use of the premises for a massage establishment, or, alternatively, if there is no written lease, then a written, notarized acknowledgment from the property owner that the property owner has been advised that a massage establishment will be operated by the applicant upon, in, or from the property owner's property. 5. A description of the proposed massage establishment, including the type of treatments to be administered. WO