§ 29.11.

APPLICATION FOR MASSAGE ESTABLISHMENT, SOLO PRACTITIONER MASSAGE ESTABLISHMENT, OR OUTCALL MASSAGE SERVICE PERMIT FOR PRACTITIONERS NOT CERTIFIED BY THE CAMTC

a.

Unless all massage practitioners or therapists providing services are certified as a massage practitioner or therapist by CAMTC pursuant to the California Business and Professions Code, every applicant for a massage establishment, solo practitioner massage establishment, or outcall massage service permit shall:

1.

file an application with the Director upon a form provided by the Director,

2.

provide a complete set of fingerprints, through the Live Scan process, or any comparable successor technology, for the purpose of a undergoing a criminal background check; and 1

3.

and pay a non-refundable application fee, as set forth in Section 29.26.

b.

The application shall set forth, under penalty of perjury, the following:

1.

The exact nature of the services to be rendered;

2.

The address of the proposed place of business and facilities thereof, and a copy of the rental agreement or lease showing the names of all of the tenants or lessees;

3.

The number of individuals to be employed by the business, and, in the case of a solo massage practitioner establishment, the names of any massage practitioners who shall operate under that permit;

4.

The name, residence address, and date of birth of each applicant;

5.

Any history of previous massage permits or licenses in San Francisco or issued by CAMTC or elsewhere, including whether any such permit or license has been revoked and the reasons therefor, for each applicant; and

6.

All felony or misdemeanor convictions for the applicant within the preceding ten years, including, but not limited to, felony sexual assault; sexual battery (Cal. Penal Code 243.4), rape (Cal. Penal Code 261); statutory rape (Cal. Penal Code 261.5); prostitution offenses related to pimping (Cal. Penal Code 266 and applicable subsections); pandering (Cal. Penal Code 266i); sex crimes for which registration is required under the Sex Offender Registration Act (Cal. Penal Code 290); keeping or residing in house of ill-fame (Cal. Penal Code 315); keeping disorderly house (Cal. Penal Code 316); human trafficking (Cal. Penal Code 236.1); convictions in any other state of any offense which, if committed or attempted in this state, would have been punishable as one or more of the referenced offenses of this subdivision; and, conspiracy or attempt to commit any such offense described in the subsections above.

c.

The Director is hereby authorized to require in the application any other information including, but not limited to, information related to the health, hygiene, and sanitation of the premises and any information necessary to confirm the accuracy of the matters set forth in the application.

d.

If an applicant for a massage establishment or outcall massage service permit is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation together with the names and residence addresses of each of the officers, directors, and each stockholder holding more than 10 percent of the stock of the corporation. If the application is a partnership, the application shall set forth the name and the 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 corporate applicants applies. The same permit and criminal history information required of individual applicants, set forth in subsection (b)(6), above, shall be provided for each officer, director, and stockholder holding more than 10 percent of the stock of the corporation, or for each partner, including limited partners.

e.

In addition to the information required under subsections (b) and (c), an applicant for a solo practitioner massage establishment permit shall provide proof that he or she holds a current, valid advanced massage practitioner permit issued by the Director under Section 29.2.

f.

Applicants shall also submit proof of compliance with any applicable Planning Code requirements regarding notice and posting of the proposed establishment.

g.

An advanced massage practitioner holding a solo practitioner massage establishment permit shall not be required to pay any additional permit fee for an outcall massage service permit.

h.

Within 14 days following a hearing, or, if no hearing is held, within 60 business days following receipt of a completed application for a permit for a massage establishment that does not solely employ practitioners certified as a massage practitioner or therapist by the State of California pursuant to the California Business and Professions Code the Director shall either issue the permit or mail a written statement of his or her reasons for denial thereof to the applicant. If the Director takes neither action, the permit shall be deemed issued.

i.

No massage establishment permit shall be issued if the Director finds:

1.

The applicant has provided materially false documents or testimony; or

2.

The applicant has not complied fully with the provisions of this Article; or

3.

Within five years immediately prior to the date of application, the applicant has had any license or permit related to the operation of a massage establishment revoked by the City, another City or County, or by the CAMTC; or

4.

The applicant has 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, within the last five years: felony sexual assault; sexual battery (Cal. Penal Code 243.4), rape (Cal. Penal Code 261); statutory rape (Cal. Penal Code 261.5); prostitution offenses related to pimping (Cal. Penal Code 266 and applicable subsections); pandering (Cal. Penal Code 266i); sex crimes for which registration is required under the Sex Offender Registration Act (Cal Penal Code 290); keeping or residing in house of ill-fame (Cal. Penal Code 315); keeping disorderly house (Cal. Penal Code 316); supervision of a prostitute (Cal. Penal Code 652.23); human trafficking (Cal. Penal Code 236.1); convictions in any other state of any offense which, if committed or attempted in this state, would have been punishable as one or more of the referenced offenses of this subdivision; and, conspiracy or attempt to commit any such offense described in the subsections above; or,

5.

A massage establishment permit at the same location was revoked within the prior 24 months.

j.

If an application for a massage practitioner permit is denied, within 30 days of the date of receipt oft he notice of denial, the applicant may appeal the decision by notifying the Director in writing. The notice shall set forth in detail the ground or grounds for the appeal. Within 30 days of receipt of the notice of appeal, the Director shall conduct a hearing to consider the appeal. At least 10 days prior to the hearing, the Director shall notify; the applicant of the time and place of the hearing. The Director shall oversee the hearing, provide the applicant an opportunity to speak at the hearing, and issue a ruling within 30 days of its conclusion. The Director’s ruling shall be final.

CODIFICATION NOTE

History

(Added as Sec. 1909 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; amended by Ord. 266-13, File No. 130789, App. 11/27/2013, Eff. 12/27/2013)

1. So in Ord. 266-13.

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