Chapter 5.24 MASSAGE ESTABLISHMENTS, MASSEURS AND MASSEUSES
Section 5.24.060 Issuance or denial of massage establishment permit or masseur permit.
The chief of police shall issue a massage establishment permit
and/or masseur permit within
forty-five (45) days of receipt of the application, unless he finds that one or more of the
following exists:
A. The correct permit fee has not
been tendered to the city, and in the case of a check or
bank draft, honored with payment upon presentation;
B. The operation, as proposed by the
applicant, if permitted would not comply with all
applicable laws, including, but not limited to the city s building, zoning and health regulations
and this chapter;
C. The applicant, if an individual,
or any of the stockholders holding more than ten percent
of the stock of the corporation, any of the officers and directors, if the applicant is a corporation,
any of the partners, including limited partners, if the applicant is a partnership; and the manager
or other person principally in charge of the operation of the business have been convicted of any
crime or placed on court supervision or similar disposition for:
1. An offense involving sexual misconduct,
2. Keeping or residing in a house
of ill fame,
3. Solicitation of a lewd or unlawful
act,
4. Prostitution or pandering, or
5. Any crime involving dishonesty,
fraud or deceit; except that, the chief of police, in his
discretion, may issue a permit to any person found guilty of such crimes if he finds that such
conviction occurred at least five years prior to the date of the application and that the applicant
is
sufficiently rehabilitated and has had no subsequent convictions of the same or similar offenses;
D. The applicant has knowingly made
any false, misleading or fraudulent statement of fact in
the permit application or in any document required by the city in conjunction therewith;
E. The applicant has had a massage
establishment, masseur, or other similar permit or
license denied, revoked or suspended for any of the above causes by the city or any other state or
local agency within five years prior to the application date;
F. The applicant, if an individual,
or any of the officers and directors, if the applicant is a
corporation; or any of the partners, including limited partners, if the applicant is a partnership;
and the manager or other persons principally in charge of the business, is not over the age of
eighteen (18) years;
G. Each person who performs or administers
massages for customers for compensation on
business premises in the city has not successfully completed a resident course of study or
learning of not less that one hundred (100) hours from a recognized school where the theory,
method, profession, or work of massage is taught; and,
H. The applicant fails to provide the
chief of police with the health certificates for all
masseurs and masseuses who are to perform massage services at the massage establishment as
required by Section 5.24.140(M). (Ord. 1414 § 1 (part), 1996: prior code § 7-6-6
I. The applicant purposes to perform
or has been determined to have been performing
massage services for compensation
as a home occupation from a dwelling unit in the City.
Notwithstanding anything contained in Section 17.46.010 (Home occupations - generally) of
Chapter 17.46 (HOME OCCUPATIONS) of Title 17 (ZONING) of the City's Municipal Code,
the performing of massage services shall not be an authorized home occupation that may be
performed from a dwelling unit in the City. Nothwithstanding anything contained in this
paragraph 1 of this Section 5.24.060 of the City's Municipal Code shall, however, prohibit a
City licensed masseur or masseuses from administering massages at a customer's dwelling
or other location where a patron is located and has requested the rendering of such service.
(5.24.060 (Ord. 2240), Added, 03/01/2004, Added Subsection "I"., Prior Text; Ord. 2240, Amended, 03/01/2004, Prior Text)