9.32.080 Massage establishment permit--Criminal background check.
Where an applicant(s) submits an application for a Massage Establishment Permit pursuant to Section 9.32.070, the Berkeley Police Department shall investigate the criminal history of each of the Owner(s) and Operator(s) of the Establishment except when the Owner(s) and Operator(s) possess either a valid CAMTC certificate or Massage Therapy Permit. A Massage Establishment Permit will not be issued pursuant to Section 9.32.070 if any of the Owner(s) and Operator(s) have been convicted of any of the following offenses or convicted of an offense outside the State of California that would have constituted any of the following offenses if committed within the State of California:
A. An offense involving conduct which requires registration pursuant to Section 290 of the Penal Code;
B. An offense involving the use of force and violence upon the person of another that amounts to a felony;
C. An offense involving sexual misconduct with children;
D. An offense charged under Chapter 7.5 of Title 9 of the Penal Code;
E. An offense charged under Section 266i, 647(a), 647(b), 315, 316 or 318 of the Penal Code. (Ord. 7214-NS § 6, 2011: Ord. 7106-NS § 1 (part), 2009. Formerly 9.32.090)