§ 9-332. Massage establishment permit—Application

(a) No person shall operate a massage establishment within the city without obtaining a massage establishment permit prior to commencing operation. Any person wishing to operate a massage establishment must submit a written application under penalty of perjury on the required form to the chief of police. The application shall be accompanied by a nonrefundable fee.

(b) The application shall be completed and signed by the owner of the proposed massage establishment, if a sole proprietorship, or, if the applicant is a corporation or partnership, it shall designate one of its officers or general partners as its authorized representative. The authorized representative shall complete and sign all application forms required for an individual applicant.

(c) The application and fee required pursuant to this section shall be in addition to any other license, permit or fee required by state or local law. Only one application fee shall be charged regardless of the number of owners designated in the application.

(d) The application for a permit does not authorize the operation of a massage establishment unless and until such permit has been granted.

(e) Applicants shall be at least eighteen (18) years of age.

(f) The application for a massage establishment permit shall contain the following information:

(1) The type of ownership of the business, i.e., whether by an individual, partnership, corporation or otherwise.

a. If the applicant is a corporation, the name and number of the corporation shall be set forth exactly as shown in its Articles of Incorporation or Charter together with the state and date of incorporation and the names and residence addresses of each of its current officers, directors and each stockholder holding more than five percent of the stock in that corporation.

b. If the applicant is a partnership, the application shall set forth the name and residence addresses of each of the partners, including limited partners.

c. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the Secretary of State. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply.

(2) The true full and precise name under which the massage establishment is to be conducted.

(3) The address where the massage establishment is to be located and all telephone numbers for the massage establishment.

(4) A complete current list of the names and residence addresses of all proposed massage practitioners or therapist, aides, trainees and other employees who are or will be employed in the massage establishment, if known. If not known at the time of submission of the application, the applicant shall provide the required information no later than ten (10) calendar days prior to opening for business.

(5) A clear, color photocopy of a valid, government issued identification card and a clear, color photocopy of a current CAMTC certificate for each proposed massage practitioner or therapist who will be employed to perform massage therapy either as employees, independent contractors, or in a rent space capacity.

(6) The name and residence addresses of the owner, as well as the manager (if the manager is a different individual), who will be principally in charge of the operation of the massage establishment.

(7) A description of any other business operated within the state, which is owned or operated by the owner.

(8) The name and address of the owner and/or lessor of the real property upon or in which the proposed business is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized affidavit from the owner of the property acknowledging that a massage establishment will be located on his/her property.

(9) The complete business, occupation and employment history for eight (8) years preceding the date of application, including, but not limited to, a massage establishment or similar type of business history and experience of the applicant.

(10) The complete massage establishment permit history of the owner of the establishment, as follows: Whether the owner has ever had any similar type of permit or license issued by any agency, board, city, county, territory or state; the date of issuance of such a permit or license; whether the permit or license has been or was ever denied, revoked or suspended, and the reasons therefore; if any vocational or professional license or permit, other than for massage, has been or was ever denied, revoked or suspended, and the reasons therefore; if the applicant has ever been required to surrender a permit or license as a result of pending criminal charges, the nature of the charges, and the disposition of the charges.

(11) All criminal convictions, including pleas of nolo contendere, within the last ten years including those convictions dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding minor traffic violations, and the date and place of each such conviction and reason therefore.

(12) A complete set of fingerprints taken by the police department. The applicant shall be responsible for payment of any fingerprinting fee.

(13) Three (3) portrait photographs at least two (2) inches by two (2) inches in size with a white background, taken no earlier than thirty (30) days preceding the filing of the application.

(14) Authorization for the city, its agents and employees to seek verification of the information contained in the application.

(15) Such other identification and information as the chief of police may reasonably require in order to discover the truth of the matters herein specified and as required to be set forth in the application.

(16) A statement in writing and dated by the person providing the information that he or she certifies under penalty of perjury that all information contained in the application is true and correct.

(17) If any land use permit or other entitlement for the use of the property as a massage establishment is required, such permit or use entitlement shall be obtained by the applicant prior to the massage establishment permit becoming effective. Proof of compliance with all applicable state and local codes from any affected department or agency, including but not limited to, the development services department, the building and safety division and the Orange County Health Department must be submitted prior to the application's final approval. Any required inspection fees shall be the sole responsibility of the applicant. If proof of compliance is not received by the chief of police within ninety (90) calendar days of the date of filing of the application, the application shall be deemed abandoned.

(18) A current and valid policy of insurance issued by an insurance company authorized to do business in the State of California evidencing that the applicant is insured under a liability insurance policy providing minimum coverage of one million dollars ($1,000,000.00) for injury or death to one person arising out of the operation of any massage establishment and the administration of a massage.

(19) An insurance certificate demonstrating that the applicant is in compliance with the Workers' Compensation insurance coverage requirements of the State of California.

(g) Every applicant owner shall also provide the following personal information:

(1) The full, true name and all aliases used.

(2) Date and place of birth.

(3) Height, weight, gender and color of hair and eyes.

(4) Valid government issued driver's license or identification card, Social Security card and resident alien card, if applicable.

(h) If the owner shall provide massage services, a full-size color copy of the owner's CAMTC certificate.

(i) If, during the term of a permit, the permittee has any change in the information submitted on the original or any renewal application, the permittee shall notify the police department in writing of any such change within ten (10) business days of the change.

(j) In the event that the chief of police requires further information, or deems the application incomplete, the applicant shall be notified in writing of the required information within twenty (20) days of submitting the application. Additional information shall be provided within fifteen (15) days of the date of the request, after which time the application shall be deemed abandoned. Abandoned and incomplete applications shall be denied.

((Ord. No. 11-7, § 1, 7-19-11 )