§ 9-1604. MASSAGE BUSINESS REGISTRATION.

(a)

Application. The application for a City Registration Certificate shall be submitted to the Chief of Police and shall include all of the following:

(1)

Legal name of the Massage Business.

(2)

Address and telephone number of the Massage Business.

(3)

Legal names of all Owners of the Massage Business.

(4)

A list of all the Massage Business's Employees and independent contractors who are performing Massage and their CAMTC certifications.

(5)

Residence address and telephone number of all Owners of the Massage Business.

(6)

Business address and telephone number of all Owners of the Massage Business.

(7)

The form of business under which the Massage Business will be operating (i.e., corporation, general or limited partnership, limited liability company, or other form).

(8)

Each Owner and Operator of the Massage Business who is not a Certified Massage Practitioner shall submit an application for a background check, including but not limited to, a criminal background check, including requiring submission of fingerprints for a state and federal criminal background check, the applicant's business, occupation and employment history for the ten years preceding the date of application, the inclusive dates of same, and the name and address of any Massage Business or other like establishment owned or operated by any person who is subject to the background check requirement of this section. If a noncertified Owner's or Operator's background check results in a finding that the city determines is relevant to owning or operating a Massage Business, then the city may regulate the establishment in any manner it deems proper that is in accordance with the law.

(9)

For all Owners, a valid and current driver's license and/or identification issued by a state or federal governmental agency or other photographic identification bearing a bona fide seal by a foreign government.

(10)

For all Owners, a signed statement that all of the information contained in the application is true and correct; that all Owners shall be responsible for the conduct of the Massage Business's Employees or independent contractors providing Massage Services; and acknowledging that failure to comply with the California Business and Professions Code Section 4600 et seq., any other applicable local, state, or federal laws, or the provisions of this chapter may result in revocation of the City Registration Certificate.

(b)

Issuance. Upon provision by the Massage Business of the foregoing documentation, and approval by the Chief of Police or designee, the city shall issue the Massage Business a City Registration Certificate, which shall be valid for two years from the date of issuance. If the application is complete and accurate and all of a Massage Business's Owners, Operators, and Employees are Certified Massage Practitioners, approval shall be ministerial. If an application is denied, the Chief of Police shall specify in writing the reason for the denial and the applicant shall have the right to appeal the denial to the Administrative Hearing Officer in accordance with Article 4, Chapter 1 of the Fresno Municipal Code.

(c)

Amendment. A Massage Business shall apply to the city to amend its City Registration Certificate within thirty days after any change in the Registration information, including, but not limited to, the hiring or termination of Certified Massage Practitioners, or change of address.

(d)

Renewal. A Massage Business shall apply to the city to renew its City Registration Certificate at least thirty days prior to expiration. If an application for renewal of a City Registration Certificate and all required information are not timely received and the certificate expires, no right or privilege to provide Massage shall exist.

(e)

Fees. There shall be no fee for the Registration application or City Registration Certificate, or any amendment or renewal thereof. The provisions of this chapter shall not prevent the city from establishing fees for health and safety inspections as may be conducted from time to time, and for the background checks, fingerprinting, and subsequent arrest notification for Owners who are not CAMTC certified and who are subject to such background checks pursuant to this chapter.

(f)

Transfer. A City Registration Certificate shall not be transferred except with the prior written approval of the Chief of Police. A written request for transfer shall contain the same information for the new ownership as is required for applications for a City Registration Certificate pursuant to this section. In the event of denial, notification of the denial and reasons therefor shall be provided in writing and shall be provided to the applicant by personal delivery or by registered certified mail.

(Added Ord. 2013-35, § 2, eff. 1-17-14).