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It is unlawful for any person to operate a Massage Establishment in the City without first having obtained a permit to operate such pursuant to this Chapter. Every applicant for a Massage Establishment permit shall file an application with the Department of Finance upon a form to be provided by said Department and pay a filing fee which shall be non-refundable. The following entities are exempt from filing for permits for a Massage Establishment:

A. Any California state-licensed hospitals, nursing homes, sanitariums or other state-licensed physical or mental health facilities.

B. Any Approved Massage Schools as that term is defined in Section 4600 of the California Business and Professions Code.

C. Any Massage Establishment which employs or retains only individuals who possess valid CAMTC certifications to provide Massage Therapy in exchange for compensation at that Establishment as long as all of the following requirements are met:

1. Such Establishment provides copies or other evidence of the certificates held by all individuals employed or retained by it to the City in accordance with paragraph (2)(B) of subsection (b) of Section 4612 of the California Business and Professions Code; and

2. Any Owner of such Establishment who does not possess a valid CAMTC certificate completes a criminal background check pursuant to Section 9.32.080 in accordance with subsection (e) of Section 4612 of the California Business and Professions Code; and

3. Any Owner or Operator notifies the City in writing of any intention to rename, change management or convey such Establishment to another person in accordance with paragraph (2) of subsection (d) of Section 4612 of the California Business and Professions Code; and

4. Such Establishment is in compliance with the requirements of this Chapter and the provisions of Chapter 10.5 (commencing with Section 4600) of Division 2 of the California Business and Professions Code in accordance with subsection (c) of Section 4612 of the California Business and Professions Code.

D. A location at which only Chair Massage as defined in Section 23F.04.010 is offered shall not require a Massage Establishment permit solely on the basis that Chair Massage is offered. (Ord. 7283-NS § 2, 2013: Ord. 7214-NS § 4, 2011: Ord. 7106-NS § 1 (part), 2009)