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ORDINANCE NO. 1002 (1984 Series)
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AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO ADDING CHAPTER 9 TO ARTICLE IV OF
THE SAN LUIS OBISPO MUNICIPAL CODE TO PROVIDE
FOR THE ORDERLY REGULATION OF MASSAGE ESTABLISHMENTS
AND MASSAGE TECHNICIANS
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Chapter 9 is hereby added to Article IV of the San Luis Obispo
Municipal Code to read as follows:
"Section 4900. Purpose and Intent.
It is the purpose and intent of this Chapter to provide for the orderly regulation
of massage establishments and massage technicians, as. defined in this Chapter, in
the interest of the public health, safety and welfare by providing certain minimum
building, sanitation and health standards for massage establishments, and by
providing certain minimum qualifications for the operators of massage establishments
and for massage technicians,-,.
Section 4901. Definitions.
For the purpose of this Chapter, unless the context clearly requires a different
meaning, the words, terms and phrases hereinafter set forth shall have the meanings \
given in this section:
(a) "Massage" means any method of pressure on, or friction against, or
stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the
external parts of the human body with the hands or with the aid of any mechanical
electrical apparatus, or other appliances or devices, with or without such supple-
mentary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion,
ointment, or other similar preparations.
(b) "Massage establishment" means any establishment having a fixed place
of business where any individual, firm, association, partnership, corporation,
joint venture, or combination of individuals engages in, conducts, carries on or
permits to be engaged in, conducted or carried, massages, baths, or health treatment
involving massage or baths as the principal functions. Massage establishment also
0 1002
Ordinance No...100,2...,(s "1K *Sera es)
means and includes any school or institution of learning, which teaches the
theory, ethics, practice, profession or work of massage, including but not
limited to a "recognized school of massage" as defined below,.
(c) . "Massage `techn c Yan means any person
who administers massages, baths, or health treatments involving massages or baths
as a principal function to another person for any consideration whatsoever or under
such circumstances that it is reasonably expected that the person to whom the
treatment is provided, or some third person on his or her behalf, will pay money
or give any other consideration of gratuity therefor.
(d) "Outcall massage" means the engaging in or carrying on of massage for
any consideration at a location other than a massage establishment, which location
is designated by a person to whom a permit or license has been issued pursuant to
this Chapter, or by the customer or client, or by any other person.
(e) "Recognized school of massage" means any school or institution of
learning which teaches the theory, ethics, practice, profession or work of massage,
which school or institution of learning requires a residence course study of not
fewer than 200 hours, at least 100 of which must be class hours completed within a
consecutive four month period and the remainder, if any, must be actual massage hours
supervised by a certified massage instructor completed within a consecutive twelve
month period, provided that the entire study program must be completed within an
eighteen month period before the student shall be furnished with a diploma or certifi-
cate "Pf graduation from such school or institution of learning following the successfu:
completion of such course of study or learning, and which school has been approved
pursuant to California Education Code Sectiom 94300 et seq, or if said school is not
located in California, has complied with standards commensurate with those required
in said Section.94300 et seq. Any school or institution of learning offering or
allowing correspondence course credit not requiring actual attendance at class, or
courses of a massage technician not approved by the California State Department
of Education, shall not be deemed a "recognized school of massage ".
(f) "License" means the business license to operate a massage establishment
as required by this Chapter.
Ordinance No.1002 (1984 Series)
(g) "Permit" means the permit to engage in the activities of a massage
technician :as required by, this Chapter.
(h) "Person" means any individual, firm, association, partnership,
corporation, joint venture, or combination of individuals.
Section 4902. Massage Establishment License Required.
It is unlawful for any person to engage in, conduct or carry on, or to permit
to be engaged in, conducted or carried on, in or upon any premises in the City, the
business of a massage establishment without the license required by this Chapter.
Section 4903. Massage Technician Permit Required.
It is unlawful for any person to act as a massage technician
unless such person has a valid permit issued by the Chief of Police as
required by this Chapter.
Section'4904. Outcall Massage Prohibited.
It is unlawful for any person to engage in, perform, conduct or carry on, or to
permit to be engaged in, performed, conducted or carried on, outcall massage or baths
or health treatments involving massage or baths for any consideration or under such cir-
cumstances that it is reasonably expected that the person whom the treatment is provided
or some third person on his or her behalf will pay money or give any other consideration
or gratuity therefor at any hotel, motel, or other residential structure or facility
designed and operated primarily for transient occupancy unless such outcall massage
service shall first be authorized in writing by a physician, surgeon, chiropractor,
or osteopath duly licensed to practice in the State of California. It shall be
unlawful to operate an outcall massage service by use of a telephone answering device.
SECTION 4905. Exceptions.
This Chapter shall not apply to the following calsses of individuals while
engaged in the performance of the duties of their respective professions.
(a) Physicians, surgeons, chiiopractors, osteopaths, or physical therapists
who are duly licensed to practice their respective professions in the State of California;
(b) Nurses registered under the laws of the State of California;
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Ordinance No..*
o. 1002 (1984. Series)
(c) Trainers of any amateur, semi - professional or professional athelete or
"bona- fide" athletic team;
(d) Barbers and beauticians who are duly licensed under the laws of the
State of California.
Section 4906. Massage Establishment License /Grounds for Denial.
Any person engaged in, conducting, or carrying on the operation of a massage
establishment, in or upon any premises within the City, shall first obtain a license from
the City. A massage establishment license shall be issued to any person who has complied
with the requirements of Sections 4907, 4908 of this Chapter, and all other applicable
provisions of this Code unless grounds for denial of such license are found to exist.
The grounds for denial are as follows:
(a) The applicant made a material misstatement in the application for license;
(b) The applicant has, within five years immediately preceding the date of the
filing of the application, been convicted in a court of competent jurisdiction of
(i) any offense which relates directly to the operation of a massage establishment,
whether as a massage establishment owner or operator, or as a massage technician,
or (ii) any felony the commission of which occurred on
the premises of a massage establishment; or (iii) an offense which involved conduct
which required registration under California Penal Code Section 290; or (iv) any
violation of Section 2661, Sections 311-311.7, 313.1, 314, 315, 316, 318 or 647(a),
647(b), 647(d) or 647(h) of the California Penal Code or of any offense involving theft
of property or violence, or conspiracy or attempt to commit any such offense, or (v) any
felony offense involving the sale of a controlled substance specified in Section 11054.,
11055, 11056, 11057, or 11058 of the California Health and Safety Code; or (vi) any
offense in a jurisdiction outside the State of California which is the equivalent of
any of the aforesaid offenses.
(c) The applicant, any officers, director or any holder of more than 5% of
the stock of any corporate applicant, or any partner, including, limited partners, of
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Ordinance No. 1002 (198'4 Series)
any partnership applicant, has, within five years immediately preceding the date of the
filing of the application, been subjected to a permanent injunction against the conducting
or maintaining of a nuisance pursuant to Sections 11225 -11235 of the California Penal
Code, or any similar provisions of law in a jurisdiction outside the State of California;or
(d) That the operation of a massage establishment, as proposed by the applicant
if permitted, would not comply with all applicable laws, including, but not limited to,
all City ordinance and regulations;
(e) That the operation of the proposed massage establishment is likely to be
injurious to the health, safety, welfare and interest of the People of the City;
(f) That the applicant is lacking in the background and qualifications to
conduct a bona fide massage establishment; or
(g) That the applicant has violated any provision of this Chapter, or of any
similar ordinance, law, rule or regulation of another public agency which regulates the
operation of massage establishments.
Section 4907. Massage Establishment License Application Fee.
Any application for a license to operate a massage establishment shall be accompanied
by a . fee as set by Resolution of the City Council. The application fee
shall be used to defray in whole or in part, the cost of the investigation and report by
the Chief of Police, and is not made in lieu of any other fees or taxes required under
this Code. In addition, the applicant shall also pay all applicable fees to the County
Health Officer according to the rate schedule of the County of San Luis Obispo then in
effect and to the State of California all applicable fees necessary for the processing
of applicant information.
A license to operate a massage establishment shall be renewed annually, subject to
approval of the Chief of Police. The Chief of Police shall approve the application unless
any of the grounds for denial set forth in Section 4906 exist. The renewal fee shall
also be set by Resolution of the City Council.
Section 4908. Alp ication for Massage Establishment License.
Any application for a license to operate a massage establishment shall be made
with the Chief of Police. Within 30 working days following receipt of a completed
Ordinance No. 1002 (198.4 Series)
application, the Chief of Police shall either issue the license or deny the application
with a written statement of the reasons for the denial.
The application shall set forth the following information:
(a) The full name and present address of the applicant;
(b) Any and all names the applicant has previously used or been known by;
(c) The previous addresses of the applicant, if any, for the period
of three years immediately prior to the date of the application and the dates
of residence at each;
(d) Written proof that the applicant is at least eighteen years of age;
(e) Applicant's height, weight, color of eyes and hair;
(f) Two recent color passport size photographs of the applicant
taken within 90 days prior to the date of application;
(g) Business, occupation or employment history of the applicant for the
three years immediately preceding the date of application;
(h) If the applicant is a corporation, the name of the corporation shall
be set forth exactly as shown in its Articles of Corporation, together with the
names and residence addresses of each of its officers, directors, and each stockholder
holding more than S% of the stock of the corporation. If the applicant is a partner-
ship, the application shall set forth the name and residence address of each of
the partners, including limited partners. If one or more of the partners is a
corporation, the provisions of this section pertaining to a corporate application
shall apply.
(i) The business license history of the applicant; including whether such person
in previously operating in this or another City or State under license, has had such
license suspended or revoked, the reason therefore and the business, activity or
occupation subsequent to such action of suspension or revocation;
(j) The exact nature of the massage, bath or health treatment to be administered;
im
Ordinance No. 1002 (198:4 Series)
(k) The proposed place of business;
(1) All criminal convictions;
(m) Whether the applicant is required to register under the provisions
of Section 290 of the California Penal Code;
(n) Whether the applicant, including a corporation or partnership, or a
former employer of the applicant while still employed, or a building in which the
applicant was so employed or a business conducted, was ever subjected to an abatement
proceeding under Section 11225 -11235 of the California Penal Code, or any similar
provisions of law under a jurisdiction outside the State of California;and the date(s)
thereof;
(o) The names, dates-of birth, and residence addresses of all persons currently
employed or intended to be employed in the massage establishment, regardless of the nature
of their employment, along with a description of the proposed or actual nature of the work
color
performed or to be performed, and recentepassport size photograph's, acceptable to the Chief
of Police, or designated representative processing the application, of each such
employee. The Chief of Police may require any such employee to allow fingerprints
to be taken for the purpose of identification. The applicant shall notify the City
in writing of the names, addresses and nature of the work, of any new employees,
within five days of such employment, and provide the photographs described in this
subsection. Such new employees shall allow fingerprints to be taken for the
purpose of identification upon request. "Employee" includes every owner, partner,
manager, supervisor and worker, whether paid or not, who renders personal services
of any nature in the operation of a massage establishment;
(p) Such other identification and information the Police Department may
require in order to •Verify ;: informatioon - ;h -the _app. c- ation-.=
(q) Nothing herein shall be construed to deny to the Chief of Police or
the Police Department the right to take fingerprints and additional photographs of
the applicant, nor shall anything contained herein be construed to deny the right of
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Ordinance No. 1002 (1984 Series)
the Chief or the Department to confirm the height, weight, or date of birth
of the applicant.
Section 4909. Massage Technician Permit Required /Grounds for Denial.
Any person acting or desiring to act as a massage technician
within the City shall first obtain a valid permit issued by the Chief of
Police. A massage technician
permit shall be issued to any person who has�•complied with the requirements of Sections
4910 and 4911 and all other applicable provisions of this Code, unless grounds for
denial of such permit are found to exist. The grounds for denial are as follows:
license;
(a) The applicant made a material misstatement in the application for a
(b) The applicant has, within five years immediately preceding the date of
the filing of the application, been convicted in a court of competent jurisdiction of (i
any offense which relates directly to the operation of a massage establishment, whether
as a massage establishment owner or operator, or as a massage technician,
or (ii) any felony the commission of which occurred on
the premises of a massage.establishment; or (iii) an offense which involved conduct
which required registration under California Penal Code Section 290; or (iv) any
violation of Section 2661, Sections 311 - 311.7, 313.1, 314, 315, 316, 318 or 647(a), _
647(b), 647(d) or 647(h) of the California Penal Code or of any offense involving
theft of property or violence, or conspiracy or attempt to commit any such offense,
or (v) any felony offense involving the sale of a controlled substance specified in
Section 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety Code;
or (vi) any offense in a jurisdiction outside the State of California which is the
equivalent of any of the aforesaid offenses.
(c) The applicant, or any persons employed by the applicant
uruinance ivu. 1002
has, within ten years immediately preceding the date of
the filing of the application, been subjected to a permanent injunction against the
conducting or maintaining of a nuisance pursuant to Sections 11225 -11235 of the
California Penal Code, or any similar provisions of law in a jurisdiction outside
the State of California; or
(d) That the applicant has violated any provision of this Chapter, or
of any similar ordinance, law, rule or regulation of another public agency which
regulates the operation of massage establishments.
(e) That the applicant has not provided proof of graduation from a
recognized school of massage. The Chief of Police is authorized to determine whether
minor variations from this requirement, with respect to a particular applicant, are
insignificant and find that the applicant has substantially complied with the basic
education requirement so as to satisfy this provision.
Section 4910. Massage Technician Application Fee.
Any application for a massage technician permit shall be accompanied by a
fee as set by Resolution of the City Council. The application fee shall be used to
defray, in whole or in part, the City County, and /or State costs of investigation and
report. Any person who applied for a massage establishment license and who desires
to act as a massage technician within said establishment shall not be required to
pay the fee required by this Section, but shall be required to provide the information
required by Section 4911.
A massage technician permit shall be renewed annually, subject to the approval
of the Chief of Police. The Chief of Police shall approve the renewal unless any
ground- for denial set forth in Section 4909 exists. The renewal fees shall also
be set by Resolution of the City Council. The renewal fee shall not apply to any
person who also applies for a massage establishment license renewal and who desires
to act as a massage technician within said establishment.
Section 4911. Application for Massage Technician Permit.
Any application for permit to act as massage technician shall be made with the
Chief of Police. Within 30 working days following receipt of a completed application
the Chief of Police shall either issue the permit or mail a written
1002 (1984 Series)
statement of his reasons,Ifor.`-den al; thereof. The Chief of .olice may request the
applicant to furnish fingerprints, when needed for the purpose of establishing
identification. The applicant shall furnish the following information:
(a) Name, residence address and telephone number;
(b) Social security number and drivers license number, if any;
(c) Applicant's weight, height, color of hair and eyes, and date of birth;
(d) Two prints of a passport size photograph of applicant taken within
30 days prior to the date of application;
(e) Certificate from a medical doctor stating that the applicant has, within
30 days immediately prior to the filing of the application, been examined and found
to be free from any contagious or communicable desease;
age;
(f) Written evidence that the applicant is at least eighteen years of
(g) Business, occupation or employment history of the applicant for the
three years immediately preceding the date of application;
(h) The name and address of the establishment where the applicant is to be
employed, if any, and the name of the owner or the operator of same. Any applicant
granted a permit pursuant to this section must report any change of massage
establishment employment within five days of said change;
(i) The name and address of the recognized school of massage attended,
the dates attended, and a copy of the diploma or certificate of graduation from
a recognized school of massage showing that such applicant or permittee has completed
at least 200 class hours or 100 class hours and 100 actual massage hours supervised
by persons authorized or certified to provide instruction and /or supervision of massage.
(j) All criminal convictions;
(k) Whether the applicant is required to register under the provisions
of Section 290 of the California Penal Code.
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Ordinance No. 1002 (198.4 Series)
(1) Whether the applicant, including any officer, director or any share-
holder holding more than 5% Of the stock of the corporate applicant or any partner,
including limited partners, or any partnership applicant, corporation or partnership,
or a former employer of the applicant while so employed, or a building in which the
applicant was so employed or a business conducted, was ever subject to an abatement
proceeding under Sections 11225 -11235 of the California Penal Code or any similar
provisions of law in a jurisdiction outside the State of California.
Section 4912. Massage Establishment Facilities and Operations Requirements.
All massage establishments shall comply with the following facilities and
operation requirements:
(a) Massage establishments shall comply with all code requirements.
(b) Closed cabinets or other cupboard space shall be provided for the storage
of clean linen. Approved receptacles shall be provided for the storage of all
soiled linen and paper towels.
(c) The walls in all rooms where water or steam baths are given shall
have a washable,mold- resistant surface.
(d) All lavoratories or washbasins shall be provided wit}
running water, dislnfectannt,.oap- and single service tower
Ordinance No. 1002 (1984 Series)
(e) Security deposit facilities capable of being locked by the patron
or a security bag that may be carried by the patron shall be available for the
protection of the valuables of the patrons.
(f) Every portion of a massage establishment including appliances,
apparatus and personnel, shall be kept clean and operated in a sanitary condition.
(g) All massage establishments shall be equipped with clean and sanitary
towels, sheets and linens of sufficient quantity. Towels, sheets and linens shall
not be used by more than one person. Reuse of such linen is prohibited unless
the same has first been laundered. Heavy white paper may be substituted for
sheets; provided, that such paper is used once for each person and then discarded
in a sanitary receptacle.
(W All walls, ceilings, floors, pools, showers, bathtubs, steam rooms
and other physical facilities for the establishment must be in good repair and
maintained in a clean and sanitary condition. Wet and dry heat rooms, steam and
vapor rooms, or steam or vapor cabinets, shower compartments, and toilet rooms
shall be thoroughly cleaned and disinfected each day the business is in operation.
Bathtubs shall be thoroughly cleaned and disinfected after each use.
(i) Disinfecting agents and sterilizing equipment shall be provided for
any instruments used in performing acts of massage and said instruments shall be
disinfected and sterilized after each use.
(j.) Pads used on massage tables shall be covered with durable, washable
plastic or other acceptable waterproof material.
(k) To protect patrons from potential health and sanitary hazards, all
employees, and massage technicians , - -- shall be clean and
shall wear clean outer garments when performing services on the premises. No massage
technician r. shall, in the course of administering any
massage, bath or health treatment, expose his or her genitals or private parts. No
massage technician shall, in the course of administering any massage, bath
or health treatment, make physical contact with the genitals or private parts of any
Ordinance No. 1002 (198.74 Series)
(1) A listing of each service offered, the price thereof, and the
minimum length of time such service shall be performed,shall be made available on
request. No services shall be performed and no sum shall be charged for any
services other than those listed. Arrangements shall be made for all services
prior to the performance of any service. No massage technician shall solicit
or offer to perform for any patron any additional service after such technician
has commenced the performance of any service for such patron.
(m) No alcoholic beverages, shall be sold, served or furnished on the
premises of any massage establishment.
(o) No massage establishment shall be open for business between the
hours of 10:30 p.m. of one day and 7:00 a.m. of the following day.
(p) Minimum lighting shall be provided in accordance with the Uniform
Building Code, and in addition, at least one artificial light of not less than
40 watts shall be provided in each room or enclosure when massage is performed
on patrons.
(q) Minimum ventilation shall be provided in accordance with the
Uniform Building Code.
(r) No massage establishment shall be allowed in any district where
residential use is the principal permitted use unless having first qualified
for and obtained a home occupation permit.
(s) Proof of compliance with all applicable provisions of the Municipal
Code shall be provided.
Section 4913. Existing Establishments and Massage Technicians to
Comply with Ordinance
All massage establishments lawfully in operation on the effective date of this
Chapter shall within sixty days of said date apply to the Chief of Police for determination
as to compliance with the provisions of this Section. Said application shall be in such
form as prescribed by the Chief of Police.
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Ordinance No. 1002 (1984 Seriep)
Any massage establishment legally existing on the effective date of this Chapter
and which is not in compliance with the provisions of this Chapter shall comply with
said provisions within two years of the effective date of this Chapter.
Any massage establishment lawfully in operation upon the effective date of this
Chapter which fails to comply with the provisions of this Section shall be issued a
limited term license in lieu of its current license, containing a statement on its face
reciting such non - compliance and the date by which compliance must be accomplished, and
that said license shall not be renewed beyond said date.
Any massage techniciar lawfully performing massage
on the effective date of this Chapter and who is not in compliance with the provisions
of this Chapter shall comply with said provisions with six months of the effective date
of this Chapter.
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Ordinance No.1002 (19845. St..._les)
Section 4914. Business Name.
No person licensed to operate a massage establishment shall operate under any name
or conduct business under any designation not specified in the license.
Section 4915. Business Location Change.
Upon a change of location of a massage establishment, an application to the
Chief of Police shall be made, and such application shall be granted, provided all
applicable provisions of this Code are complied with and a change of location
fee as set
by Resolution of the City Council to defray, in whole or in part, the cost of investigation
and report, has been paid to the City.
Section 491 6, Sale or Transfer of Massage Establishment Interest.
The sale or transfer of any interest in a massage establishment which interest would
be reported as required in this Chapter upon application for a massage establishment
license, shall be reported to the Chief of Police within ten days of such sale or transfer
in a massage
The Chief of Police shall investigate any person receiving any interest
establishment as a result of such sale or transfer and if such person satisfies the
requirements relating to massage establishment license applicants the existing license
shall be endorsed to include such person. A fee established by resolution of the City
Council shall be paid to the City for the investigation by the Chief of Police necessitate
by each such sale or transfer. Any such establishment which intends to in any way trans-
fer ownership or alter or change the nature of any such massage establishment on or
after the effective date of this Chapter shall comply with the provisions of this
Chapter prior to such transfer, alteration or change.
Section 4917. Display of Permits, Licenses.
The owner or operator of a massage establishment shall display the massage
_,,establishment license and the permit of each and every massage technician
employed in the establishment in an open and conspicuous place on
the premises. Passport size photographs of the licensee and permittees shall be
affixed to the respective license and permits on display pursuant to this Section.
shall not be
Home addresses of massage technicians
displayed.
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Ordinance No. 1002 (1984 Series)
Section 4918. Inspection by Officials.
Any and all investigating officials of the City shall have the right to enter
massage establishments from time to time during regular business hours to make
reasonable inspections, to observe and enforce compliance with building, fire,
electrical, plumbing, or health regulations, or other provisions of this Chapter.
A warrant shall be obtained whenever required by law.
Section 49 1q Investigation Report.
Whenever any investigating official of the City makes an inspection of a
massage establishment he shall record his findings on an inspection report and
shall give notice of his findings by furnishing a copy of the inspection report
to the licensee or permittee.
Section 4920. Issuance of Notice of Violation.
Whenever any investigating official of the City makes an inspection of a
massage establishment and finds that any provision of this Chapter has been
violated, he shall give notice of such violation by means of an inspection report
or other written notice. In any such notification, the investigating official
shall:
(a) Set forth the specific violation or violations found;
(b) Establish a specific and reasonable period of time for the correction
of the violation or violations. If the investigating official determines that
the violation or violations are minor in nature, the investigating official may
issue a warning to the licensee or permittee, that any further violation of
this Chapter may result in the filing of a complaint for revocation or suspension
of the license or permit;
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Ordinance No. 1002 (198.4. Series)
(c) State that failure to comply with any notice issued in accordance
with the provisions of this Chapter may result in the City revoking or suspending
the license or permit.
Section 4921. Revocation or Sus ension of License.
Any license issued for a massage establishment may be revoked or suspended by
the Chief of Police where it is found that:
(a) The licensee has violated any provision of t'lis Chapter; or
(b) The licensee has failed to comply with one or more of the facility and
operations requirements of Section 491.2; or
(c) The licensee has engaged in fraud, misrepresentation or false statement
in conducting the massage establishment; or
(d) The licensee has failed to correct a violation after notice to do so
pursuant to Section 4920; or
(e) The licensee has continued to operate the massage establishment after
the license has been suspended; or
(f) The licensee has allowed a person to work as a massage technician
who (i) does not have a valid permit; or (ii) has engaged in conduct or has
been convicted or any offense described in Section 4906(b) or (c) where the licensee
has active or constructive knowledge of such conduct or conviction; or
(g) Licensee is a person who is engaged in conduct or has been convicted
of an offense described in Section 4906(b) or (c).
Section 4922. Revocation or Sus ension of Massage Technician Permit
Any massage technician permit may be revoked or suspended by the
Chief of Police where it is found that:
(a) The permittee has violated any provision of this Chapter; or
(b) The permittee is a�person who has engaged in conduct described in
Section 4906(b) or (c); or
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Ordinance No. 1002 (1984 Series)
(c) The permittee has engaged in conduct which would constitute an offense
which relates directly to the permittee's employment or performance as a massage
technician
or has engaged in conduct which would
constitute a felony,the .commission of which occurred on the premises of a massage
establishment; or has been convicted by a court of competent jurisdiction of any
such offense or felony; or
(d) The permittee has continued to function as a massage technician
after the permit has been suspended; or
(e) The permittee has failed to correct a violation found pursuant to
Section /4920,
Section 4923. Appeal /Hearing.
In the event a permit or license application has been denied, the applicant
may appeal to the City Council pursuant to the procedures set forth in Article I
Chapter 4 of this Code. Any licensee or permittee whose license or permit has
been suspended or revoked may appeal to the City Council pursuant to the procedure
set forth in Article I, Chapter 4 of this Code.
Section 4924. Records of Treatment.
Every person operating a massage establishment within the City shall keep a
record of the date and hour of each treatment, the name and address of the patron,
the address of the place where the service was rendered, and the name of the technician
administering such treatment. The records shall be open to inspection by officials
charged with the enforcement of these provisions for the purposes of law enforcement
and for no other purpose. The information furnished or secured as a result of any
such inspection shall be confidential. Any unauthorized disclosure or use of such
information by any City officer or employee shall be subject to the penalty provisions
of this Chapter, in addition to any other penalties provided by law. Identical
records shall be kept of all out call massage treatments which may be rendered as
.aet forth in Section 4904 and in addition, shall describe the address where the
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Ordinance No. 1002 (1984 Series)
treatment was rendered and retain a copy of any applicable prescription or other written
authorization. The records required by this Section shall be maintained for a period
of two years.
Section 4925. Severability.
If any provision or clause of this Chapter or the application thereof to any
person or circumstance, is held to be unconstitutional or to be otherwise invalid,
by a final judgment of any court of competent jurisdiction, such invalidity shall
not affect other provisions or clauses or applications thereof which can be
implemented without the invalid provision or clause or application, into this end
the provisions and clauses of this Chapter are declared to be severable."
SECTION 2. Section 6100.3.1 of the San Luis Obispo Municipal Code is hereby
amended to read as follows:
Except as otherwise provided herein, conviction (including pleas of
guilty and nolo contendere) of a felony or misdemeanor shall be prima facie
disqualification of an applicant for the following City licenses or permits:
(a) Arcade operations
(b) Card rooms
(c) Mechanical amusement devices
(d) Pawn shops
(e) taxi cabs
The City licensing authority, however, may disregard such conviction if it
is found and determined by such licensing authority that mitigating circumstances
exist. In making such determination, the City licensing authority shall consider
the following factors:
(a) The type of business license or permit for which the person is applying;
(b) The nature and seriousness of the offense;
(c) The circumstances surrounding the conviction;
-19-
Ordinance No. 1002 (1984 Series)
(d) The length of time elapsed since the conviction;
(e) The age of the person at the time of the conviction;
(f) The presence or absence of rehabilitation or efforts at rehabilitation;
(g) Contributing social or environmental conditions.
The City licensing authority shall give notice of disqualification to
an applicant disqualified under this provision. Such notice shall be in writing
and delivered personally or mailed to the applicant at the address shown on the
application.
An applicant who is disqualified for a City business license or permit under
this provision may appeal such determination or disqualification. Such appeal shall
be in writing and filed with the Director of Finance within ten (10) days of the date
of the notice of disqualification. The Director of Finance shall hear and determine
the appeal within ninety (90) days after it is filed. The determination-of the
Director of Finance on the appeal shall be final.
Section 3.- A summary of this Ordinance, approved by the City Attorney,
together with the ayes and noes, shall be published at least three (3)`days,- .prior
to its final passage in the Telegram- Tribune, a newspaper published and =crculated
in said City, and the same shall go into effect at the expiration of-thirty (30)
days after its said final passage. A copy of the full text of this ordinance shall
be on file in the Office of the City Clerk on and after the date following.introduction.
and passage to print and shall be available to any interested members of the public.
-20-
Ordinance No. 1002 (1984, Series)
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo
at a meeting held on the 3rd day of January , 1984, on motion of Councilman
Dunin seconded by Councilman Settle and on the following
roll call vote:
AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig
NOES: None
ABSENT: None
ATTEST:
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ORDINANCE NO. 1002
FINALLY PASSED this
to
(198,4 Series)
17th day of January ,
1984, on motion of Councilman Settle seconded by
Councilwoman Dovey , and on the following roll call
vote:
AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig
NOES: None
ABSENT: None