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HomeMy WebLinkAboutOrd 2014-3296 ORDII�'AIvCE ?`TO. 3296 ORDIi�'.AI`'CE OF THE CIT1' OF CHiiLA VISTA AMENDING SECTIO?�' �.36.li� OF THE CHULA VISTA A�fUi`'ICIPAL CODE TO AUTHORIZE THE COLLECTION OF MASSAGE AND HOLISTIC HEALTH ESTABLISHn4ENT LICEI�'SE ATTI�TIJAL RENEWAL FEES AND AMENDII�'G SECTION �36.190 TO REQUIRE PAYMEI�'T OF I�'EW APPLICATION FEES FOLLOWII�'G CHANGE OF LOCATION OF A MASSAGE ESTABLISHMENT WHEREAS, the City of Chula Vista Municipal Code Section �.36.220 relatin� to Massa�e Parlors requires an inspection of each business four times per ��eaz; and WHEREAS. the cost associated with these required inspections is fully burdened b}� the Cirv of Chula Vista: and VJHEREAS, there is currentl}� no renewal requirement for massage or holistic health establishments: and VdHEREAS, the existine Municipal Code Section �36.190 onh� requires a transfer fee when a massaee establishment chan2es location: and WHEREAS; the change of location of a massaee establishment requires the same amount of staff time to process as a new� applicant. NOW. THEREFORE, the Citv Council of the Ciri� of Chula Vista does herebv ordain as follo���s: Section I. Chula Vista Municipal Code Chapter �36 is hereby amended to read as showm in A Attachment A. Section II. Se��erabilih• lf an�� portion of this Ordinance, or its application to an�� person or circumstance; is for an�� reason held to be in��alid; unenforceable or unconstitutional; by a coun of competent jurisdiction. that portion shall be deemed severable, and such in��alidity, unenforceabilit�� or unconstitutionalitv sha11 not affect the validitv or enforceabilirv of the remainine portions of the Ordinance; or its application to anv other person or circumstance. The City Council of the City of Chula Vista hereb}� declares that it ���ould ha��e adopted each section; sentence, dause or phrase of this Ordinance, irrespective of the fact that am� one or more other sections; sentences, clauses or phrases of the Ordinance be declared im�alid. unenforceable or unconstitutional. Ordinance No. 3296 Page 2 Section III. Constructiou The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effecti��e Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certifi� to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by � �! David Bejar o Gl n R. oogins Chief of Po � Ci Att ey Ordinance 3296 Paee 3 PASSED. APPROVED. and ADOPTED b�� the Cirv Council of the Citv of Chula Vista. Califomia this 7th da�� of Januan� 2014. bv the folloHins vote: AI'ES: Councilmembers: Awilaz. Bensoussan. Ramirez. Salas and Cos NAYS: Councilmembers: None ABSENT: Councilmembers: None J Chervl Cos � av r ATTEST: --���- °� Donna R. Noms. CMC. Cit�� Clerk STATE OF CALIFORi\'IA ) COUI�TTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Noms, Cit�� Clerk of Chula Vista, Califomia, do hereby certifi� that the foregoing Ordinance No. 3296 had its first readine at a reeulaz meetine held on the 17th dav of December 20li and its second readine and adoption at a reeular meetine of said Ciry Council held on the 7th day of January 2014; and ���as duly published in summary form in accordance „�ith the requirements of state law and the Cit�� Charter. �� �� Dated Donna R. Noms. CMC. Cit�� Clerk Ordinance No. 3296 Page 4 Chapter 5.36 n1?.SSAGE P.ARLORS Al�'D HOLISTIC HEALTH PRACTITIONER BUSIn�SSES* Sections: 536.010 Title for citation. �.36.020 Purpose and intent of pro�•isions. �.36.030 Definitions. �36.03� Repealed. �36.0�0 Rules of construction of provisions— Liabilit} — Scope—Compliance required. �36.0�0 License—Required. �.36.060 Technician—Permit—Required. �.36.070 Exceptions to applicabilirv. >.36.07� b4assaee and holistic health establishment permit and postine requirements —I��ame taES. �.36.OS0 Massase and holistic health establishment hours and services. �36.08� r4assage and holistic health establishments patron-s specified anatomical azeas covered—No touchine. �.36.090 Plumbins and electrical requirements for massage and holistic health establishmenu. �.36.09� Permit and postin� requiremenu for off=premises massaee and holistic health business—I�'ame taes. y �.36.100 Equipment and cleanliness requirements for off-premises massage and holistic health. �36.10� Off-premises massaee and holistic health appointment requuements. �.36.110 ?�4assage technician and holistic health practitioner operating requuemenu. �.36.11� D4assage establishment, holistic health establishment massage therapist. holistic health practitioner; off-premises massage business; holistic health business advertisine requirements. 536.120 Corporate officers and partners deemed applicanu. �36.12� Designation of responsible manaeine officer— Signature on applications. �.36.130 County health department inspection and investisation required before issuing massaee or holistic health establishment permit. �.36.13� License—Application—In��estieation fee required. �.36.1�0 License tax required—Rate. Ordinance 3296 Page � �36.14� Technician—Permit—Application—Investigation fee. �.36.1�0 License or permit—Application—Contents required. 5.�6.15� Grounds for denial of massaee establishment pernvt, holistic health establishment permit, off premises business permit, massage therapist permit; holistic health practitioner permit. 536.160 Renewal of massaee therapist or holistic health practitioner permit. 536.16� Equipment and cleanliness requirements for massaee and holistic health establishments. �.36.170 Facilities—Required oenerally. �.36.175 License or permit—Issuance prerequisites—Appea] of denial — Transferabilit��. �.36.1 SO I�'ame of business. I �36.190 Change of location—Ne��applicationFee required. �.36.200 Sale or transfer of business—Effect—Fee for transfer of interest. 5.36.205 Emplo��nent of.persons not possessing permits prohibited. 536?10 Records of Veatment to be kept—Confidentiality required—Discloswe deemed misdemeanor—Penalty. 5.=6220 Inspection required four times per year. 536.230 Off-premises massages—Permitted when. 536.235 Applicabilit}� of provisions. 5.36.240 License or permit—Grounds for suspension or revocation. 5.36.245 License or permit—Suspension, revocation or denial—Public hearine. �.36.2�0 Repealed. 536?60 Repealed. �.36.270 Repea(ed. �.36.280 Hearine—Decision of determination. 536.290 — �36320 Repealed. �.36.325 Unla�-fiil operation declared nuisance. 5.36330 Violation—Penalty. 5.36340 Operati��e date—Grandfather clause. * For statutory authority for cities to ]icense businesses for purposes of revenue and regulation, see Gov. Code § 37101. Ordinance No. 3296 Paee 6 5.36.010 Title for citation. ..........................._......._.....-� .........._......_................................................_..._...._............... --... ..........................._.._........................._ Ttus chapter ma} be cited as the "Chula\%ista massage and holistic health practitioner establishment ordinance." (Ord. 302� § 1, 200�; Ord. li 12 § 2, 1970: prior code � 9.30). �_36:OZO Pur�ose and intent of pro�•isions. -- .................................. -.........................- ..................... It is the purpose and intent of this chapter to establish appropriate rules and rewlations for the conduct of massage and holistic health practitioner businesses w�thin the cin�, said rules and reeulations pro��idine for the proper trainine and qualifications of massaee technicians and holistic health practitioners, the requuemenu of certain facilities and the ph}�sical layout for massaee and holistic health practitioner establishmenu and the manner in H�hich said businesses may be conducted as necessan�to protect the public health. saferv and seneral welfaze. The massaee and holistic health business is declazed to be a business subject to police and health reeulations in the interests of protecting the pauons of such establishmenu. (Ord. 3025 § 1. 200�; Ord. 1312 § 2; 1970; prior code § 931). 5.36.030 Definitions. �l'henever in this article the folloHine ���ords or phrases are used, the}� shall mean: A. "City" means the cit}� of Chula Vista a municipal corporation in the state of Califomia: B. "Health departmenr' means the department of public health sen ices of the county of San Diego when the city department is enforcine the terms of this chapter; C. "License"means the business license to operate a massase establishment required by this code: D. "A4assaee" means an}� method of pressure on. or friction against, or svoking. l:neading. rubbing; tapping; poundine. vibrating, or stunulatine the extemal parts of the human body with the hands or other parts of the bod�•,with or without the aid of an�� mechanical or elecvical appararus or appliances, or w�th or�ithout supplementan�aids such as rubbine alcohol, linimenu, antiseptics; oils, poH�der, creams; lotions, ointmenu or other similar prepazations commonly used in this practice; E. "A4assage establishment"means an establishment havine a fixed place of business ' ��here an}�person en2aees in; conducts, carries on or permiu to be eneaged in; conducted or carried on any business where massaees, as defined in this chapter; or other sunilar � procedures are eiven or admuustered; j F. "Massaee technician' or"technician'means any person, male or female; who eives or ; administers to another person; for an}� form of consideration, a"massage"or bath as � those ���ords aze defined in this chapter; G. "Permit' means the permit to engage in the activities of a ma�saee technician required b}�this chapter; H. "Person" means a natural person; firm; co-partnership, association or corporation; I. "Holistic health practitioner' means a nonmedical health care therapist w�ho uses any method of pressure on, or friction against. or svoking, l:neadine. rubbing, tapping, Ordinance 3296 Paee 7 poundine, vibrating; or stimulating the e�ternal parts of the human body with the hands or other pans of the bod}�; ��ith or N�thout the aid of any mechanical or electrical apparatus or appliances, rubbing alcohol, ]iniments, antiseptics; oils,powders, creams, lotions, ointments or other similaz substances; and who claims exemption from police reeulation as a massage therapist pursuant to this chapter and who presents to the police ctuef proof of satisfactory completion of 7,000 hows of instruction in such specialty or therapeutic approach at a school with a state-approved curriculum and proof of membership in a state or nationally chartered organization devoted to the specialty or therapeutic approach. The practice of such health caze therapists; in addition to massaee therapy, must include nutritional assistance, exercise programs and counseling that is . directed toward health caze; J. "Holistic health practitioner business'means any business that is o�med and operated by one or more holistic health practitioners and that hires or contracts with other holistic health practitioners or massage therapists for the purpose of nonmedical care; K. `?�'CBTA4B"means the National Certification Board for Therapeutic Massaee and Bod��-ork; y L. "I�'CCAOr4"means the I�'ational Certification Commission of Acupuncture and Oriental A4edicine; M. "Off-premises massage therapist" means any person H�ho provides massa2e senices b;�appointment at a location other than premises licensed as a massage establishment. It includes massa�e therapists N�ho provide off-premises massage services and�vho are self- employed and/or who contract w�th or work for a business other than a massaee establistunent; N. "State-approved school" means any school or institution within the United States; which is approved by the state in which i[resides, for the teaching of massage; O. '`Specified anatomical areas" shall mean pubic region, human genitals, perineum, anus and the areola and nipple of the female breast. (Ord. 3025 § 1, 200�; Ord. 2408 § 1; 1990; Ord. 2307 § 1, 1989; Ord. 22�6 § 2, 1988; Ord. 1312 § 2, 1970; prior code § 933). 5.36.03i Holistic health�ractitioncr—Refundable fee. ...................................... ............................................ Repealed by Ord. 302.i�¢ 1, 200.i. (Ord. 2547 § 2, 1993). 5.36.040 Rules of construction of pro��isions—Liability—Scope—Compliance required. This chapter shall be construed liberally in order to effectuate its purposes. Unless othen��ise specifically prescribed in this chapter,the follo���ing provisions shall govern its � interpretation and construction: A. \Vhen not inconsistent with the context; ��,�ords used in the present tense include the ' future, words in the plural number include the singular number and words in the singulaz number include the plural number. ; B. Time is of the essence in this chapter. I�'o license or permit holder shall be relieved of his obligation to comph� promptly with any provision of this chapter by any failure of the cit}�to enforce prompt compliance ��ith any of its provisions. Ordinance No. 3296 Pase 8 C. _4n} right or power conferred or dun� imposed upon an}• officer;emplopee; department or board of cin is subject to uznsfer b}� operavon of laH�to any other officer. employee; department or board of cih�. D.?vo license or permit holder shall have an}• recourse whatsoe��er aeainst the city for an} loss, cost, expense or damaee arisine out of any provision or requirement of this chapter or the enforcement thereof. E. This chapter does not relie�e an�� license or permit holder or of anv requirement of the city Charter or of an}�ordinance; rule, reeulation or specification of the city. F.\o license or permit holder possessine such a license or permit as of the effective date of this chapter shall be relieved of his oblisation to compl�� fully with the pro��isions of this chapter kithin the reasonable time established herein. (Ord. 302� § 1; 200�; Ord. li 12 § 2, 1970; prior code § 9.32). �.36:0�0 License—Required. ................_....................._..................................... It is unlaw ful for an}�person to engaee in. conduct, cam�o�or permit to be engaeed in, conducted or carried on in or upon an}�premises w�ithin the cit}� a massaee establishment or holistic health practitioner business N�ithout the license required b��t}us chapter. An}� person desirins to engaee in off-premises massage must obtain an off-premises massaee business permit. (Ord. 302� y 1, 2005; Ord. 1312 � 2; 1970; prior code § 9.34). 5.36.060 Technician—Permit_Reguired..........................................._....................................._. It is unlan-ful for an� person to act as a massage technician or holistic health practitioner �ithout the permit required b��this chapter. (Ord. 302� § 1, 200�: Ord. 1312 y 2. 1970; prior code § 9.3�). 5.36:070 Ezce�tions to applicabilih. ...... � ........................................................................................... The requiremenu of CV�4C �.�6.0�0 et seq. shall ha��e no application and no effect upon and shall not be construed as appl��ine to an}�persons desienated as follo���s: Ph}�sician; surgeon. chuopractor, osteopath, acupuncnuist, aesthetician. barber; cosmetologist, e�ercise ph��siolo2ist. manicurist, occupational therapist, ph}�sical therapist; hair sn�list; or an��reeistered or licensed vocational nurse workine under the supen�ision of a phpsician, surgeon, chiropractor, or osteopath dul}� licensed to practice their respective professions in the state, nor shall the requirements of CVMC �.36A�0 et seq. apply to any treavnent administered in eood faith in the course of the practice of am�healine art or profession by any person licensed to practice an}� such art or profession under the Business and Professions Code of the state or of anv other law of this state. All individuals H�ho use a massase specialty and therapeutic approach in carine for clienu while under the "control and direction' of the exempted classes of indi��iduals as listed above; must ha��e a valid massage technician or holistic health practitioner permit and comph� H�ith the requiremenu of this chapter. Practical nurses or other persons ti7thout qualifications as massaee technicians, holistic health practitioners; or other persons not other��se licensed by the state to practice pursuant to the Medical Practice Act, whether emplo}�ed by ph}�sicians; sureeons; chiropractors or osteopaths or not; ma}� not give massa2es or massaee procedures. Ordinance 3296 Page 9 For the purpose of this section any indi��idual using massage specialh- and therapeutic approach in caring for clients is considered under the "conh�ol and direction' of an exempt class indi��idua] on]}�when a member of that eaempt class is ph}�sically present on the establishment premises where the massaee is being administered. (Ord. 302� § l, 200�; Ord. 2307 § 2; 1989; Ord. 1312 § 2, 1970; prior code § 9.36). �.36.075 Massage and holistic health establishment pecmit and posting requirements —Name taas. ...........................a........................................................................................................ ...................................................................................... A. The massaee or holistic health establishment business permit. public health permit; and a cop}� of the permit of each massage therapist and holistic health practitioner workine in the establishment shall be displa}�ed in an open and conspicuous public place on the premises. B. Each massage therapist and holistic health practitioner must weaz a name ta2 on their outermost earment��fien working in the establishment. The name tae must contain the therapist or practitioner's name as it appeazs on the police permit. C. It is unlawful for an�� massage or holistic health establishment to employ or permit any person to act as a massaee therapist or holistic health practitioner w�ho does not possess a ��alid massaee therapist or holistic health practitioner permit. (Ord. 302� § 1, 200�). �.36.080 Massaae and holistic health establishment hours and sen�ices. ......................................._p................................................................................................................................................... ... ..................... A. It is un]aH�ful for any responsible person to allow the establishment to be open bet���een the hours of 10:00 p.m. and 6:00 am. All customers,patrons and visitors must be excluded from the premises during those hours. B. A lis[of services available and the cost of such sen�ices shall be posted in an open and conspicuous public place on the premises. The sen•ices shall be described in readily understandable language. No services other than those posted are allowed. (Ord. 3025 § 1, 2005). >.36.085 Massage and holistic health establishments patron's specified anatomical areas covered—No touchini��.............. ... ............................................................................ . A. Each establishment shall provide to al] patrons clean, sanitary and opaque coverings � capable of co��ering tfie patron's specified anatomical azeas.No common use of such covering shall be permitted, and reuse is prohibited unless the covering has been laundered afrer each use. In addition, no responsible person shall permit a massa¢e to be given unless the patron is covered by the covering provided by the establishment. B.I�'o responsible person shall permit an��person in any area���ithin the massage establishment, ���hich is used b}�the patrons or N-hich can be vie��ed by patrons from such an azea; unless the person's specified anatomical azeas aze fully covered. This subsection does not apply to momentary nudity; occurrine in bathrooms, shower areas, or dressing or locker rooms. C.I�'o permittee shall give a massage in any room with a patron unless the patron's specified anatomical areas are full}� co��ered with an opaque co��ering. D.No responsible person shal] permit an}�person to massaee, or intentionally touch the specified anatomical azeas of another person. Ordinance No. 3296 Pa�e 10 E.I�To permittee shall massage or intentionall}�touch the specified anatomical areas of another person. F. The responsible person and permittee shall ensure that patrons aze ad�-ised of this section prior to treatment. The advisal ma��be: 1. Posted as a documents in the room Hfiere the massaee is conducted, or 2. Contained in patron intake documents, or 3. Posted in an} manner appro��ed by the chief of police. The advisal ma�- paraphrase the language of this section so lone as such laneuage is approved b��the chief of police. Laneuaee quotine these sections need not be pre-approved b} the chief of police. (Ord. 302� § 1, 200�). 5.36.090 Plumbing and electrical requiremeuts for massaae and holistic 6ealth establishmeuts. ................................................................................................................................................ ....._....................... .... .All plumbin2 and electrical installations in massage and holistic health establishments must be installed under permit and inspection by the buildine inspection depar[cnent and such installations shall be installed in accordance w�th the tiniform Buildine Code and the Uniform Plumbina Code as adopfed by this code. (Ord. 302� § 1; 200�)� �.36.09� Permit and posting requirements Tor off-premises massage and holistic health business—\ame taas. .........................................._.........................a...............................................................................................................-�----�-�-�-----------�----............... A. It is un1aH-ful for any person to engage in off-premises massage or holistic health sen�ices Nfio is not in possession of a��alid off-premises massage or holistic health business permit. B. The off-premises massaee and holistic health business permit must be displa}ed in an open and conspicuous place on the licensed business premises. C. Each permittee must�vear a name tae on their outermost earment��fien providins off= premises massaee or holistic health sen�ices. The name tae must contain the therapist or practitioners name as it appears on the police permit (Ord. 302� j 1, 200�). �36.100 Equipment and cleanliness requiremeuts for off-premises massage and holistic health. _..._............. - - ---.............................................................._._......__............................ - - --.....- - - _..._............ Each permittee shall provide to all patrons clean, sanitan�and opaque coverings capable of co�erins the patron's specified anatomical areas.No common use of such co��erine shall be permitted, and reuse is prohibited unless the coverine has been laundered aftfrer each use. In addition; no permittee shall gi��e a massaee unless the patron is co�=ered by the coverins provided b��the permittee. (Ord. 302� § l; 200�). i3610� Off-premises massa�e and holistic health a�poinhnent requirements. A. Any massaee conducted in a place not open to public vie���must be b} appointment only. B. An off-premises massage technician or holistic health practitioner ma} perform massage �aithout appointment if the massage is conducted in a public place open to vie� of the public such as in an airport, shopping center l:iosk; or salon, or at evenu such as marathons and sveet fairs. (Ord. 302� § l, 200�). Ordinance 3296 Page 11 i.36.110 Alassage technician and holistic health practitioner operating requirements. .......................................................... . .. ........................... ......................................................................................................... A.No massage technician or holistic health practitioner,while performing any task or sen�ice associated with the massaee or holistic health business; shall be present in an}� room���th another person unless the person's specified anatomical azeas are fully covered. B.i�'o responsible person shall permit and no massage technician or holistic health practitioner shall be on the premises of a massage or holistic health establishment during its hours of operation«�hile performing or available to perform any task or service associated�nith the operation of a massaee business, unless the massage technician is full��covered from a point not to eaceed four inches above the center of the kneecap to the base of the neck, excludin�the arms, H�ith the follo���ing exceptions: shorts may be worn so lone as they extend donm the leg a minimum of three inches from the crotch and the bod}� above that point is fully covered to the base of the neck, eacluding the arms. The coverine, which includes trousers; pants or shorts, will be of opaque material and will be maintained in a clean and sanitary condition. C.No massaee technician or holistic health practitioner, while performing any task or service associated��th the business of massage, shall massage or intentionally touch the specified anatomical azeas of another person. D. Each massage technician or holistic health practitioner must wear a name tag when working as a massage technician or holistic health practitioner. The name tag must contain the technician or practitioner`s name as it appears on the police permit. E. It is unla�ful for any massage technician or holistic health practitioner to use towels, linens or instruments during the massage that are not in a clean or in a safe condition. F. It is un1aN-ful for any massage technician or holistic health practitioner to provide massage services between ]0:00 p.m. and 6:00 a.m. G. The permittee shall ensure that patrons are advised of CVMC �36.080, prior to treatment. The advisal ma}� be (1)posted as a document in the room�vhere the massage is conducted, or (2) contained in patron intake documents, or(3) posted in any other manner approved by the chief of police. The advisal may paraphrase the language of CVA4C �.�6.080; so long as such languaee is appro��ed by the chief of police. Language quoting these sections need not be pre-approved by the chief of police. H. Anp off-premises massage or holistic health business permittee who hires; dispatches • or contracts «ith other off-premises massage technicians or holistic health practitioners to do off-premises massaee is responsible for ensuring that those technicians or practitioners compl} ��ith all applicable regulations in this section. The permittee must also make reasonable efforts to pre��ent crimina] acti��ity by the other technicians or practitioners. In addition to all other erounds, prostitution b}� such technicians or practitioners is gounds for revokine the permit. I. The sale or servine of food or beverage or the conducting of nonmassage business or nonholistic health business is prohibited. (Ord. 3025 § ]; 2005; Ord. 2307 § 3; ]989. Formerly �36.07�). Ordinance No. 3296 Paee 12 5.36.11� A'Iassage establishment, holistic health establishment, massage therapist, holistic health practitioner, off-premises massage business, holistic health business ad��ertisina re uireroents. _.........................a.......4..................................................................................................... .............................................._.................................. A. Each technician, practitioner; establishment, or business licensed under this section shall include the number of their police permit in an�� ad��ertisement of sen�ices appearing in anv ne��spaper, telephone directory, printed advertisine medium; or elecvonic media The reference does not ha��e to contain the words "police permit." "City of Chula Vista permit number i l l l, ' or similaz laneuaee, Nzll suffice so lons as the correct police pernut number is included. B. Advertisine hours other than those allowed in this section is �ounds for reeulaton� action aQainst the permittee. This subsection is regulatory only.� C. In addition to an}�cruninal penaln�; a violation of Business and Professions Code Section 17�00(faise or misleading statements) is erounds for reeulatory action against • the pernuttee. (Ord. 302� § I, 200�). �.36.120 Cor�orate officers aod�artners deemed a�plicants. Each corporate officer or partner of a massaee or holistic health establishment is deemed an applicant for a massaee or holistic health permit and each must provide the information required in C�'I�4C �36.1�0. (Ord. 302� § 1, 200�). 5.36125.Desi;nation of responsible mana�iu�o�cer—Si�nature on a�plicaHons. :�n applicant that is a corporation or partnership shall designate one of its officers or eeneral par[ners to act as its responsible managing officer. The responsible managine officer ma��complete and sign all applications on behalf of the corporate officers and partners. (Ord. 3025 § 1. 2005). �.36130 Counh health departme�t inspection and iovestiaation required before issuin� massa�e or holistic health establishment permit. A. In addition to the requiremenu of C�TA4C �.36.1�0; any persons desirin2 to operate a massage or holistic health establishment shall mal:e an application to the Counn� of San Dieeo, Depanment of Health Ser��ices. for a health permit. An annual nonrefundable fee, the eaact amount of H�hich shall be determined and kept on record by the County Department of Health Services, shall accompan��the submission of each application to the Depanment of Health Sen ices to defra}�the cost of im�estieation; inspection, and , enforcement of the health aspects of this section. B. _4n}�massaee or holistic health establishment permittee failing to renew a health permit��ithin 30 da��s after its expiration shall be assessed a ]0 percent penaln� for each month of failure to rene���. This penalt} shall be added to the cost of the rene�val of the health permi[ fee. The entire sum shall be paid to the Depanment of Health Sen�ices In no case shall the penalt�� e�ceed 60 percent of the reneN�al fee. The penaln� imposed by this section. ��hether or not the penalty is paid; shall not prevent unposition of an��other penalties prescribed b}�this chapter or pre��ent prosecution for violation of this chapter. (Ord. 302� § 1, 200�). Ordinance 3296 Page 13 i.36.135 License-_Ap�lication -_lnvesti�ation fee rec�uired. _ _ Any person desiring to obtain a license to operate a massage or holistic health establishment shall make an application to the city manager. A nonrefundable required fee(s). or the required rene���a] fee(sl. to cover the cost of an investigation; shall accompar�y the submission of each application. . J e��este�- Such licenses. ���hen issued. shal] espire one ��ear from the date of issuance and mav be renewed onlv bv filin� a «�ritten request for renewal, accompanied b� the annual license fee and a coQ�� of the license to be rene��ed. Said application fee shall be in addition to any license; permit or fee required under any provisions of this code. (Ord. 3025 y 1. 2005; Ord 2506 § 1 (pan), 1992; Ord 2408 § 1 (part), 1990; Ord 1312 § 2 (part), 1970; prior code § 9.�7. Formerly 5.36.080). . 5.36.140 License tax required—Rate. Every person operating a massage or holistic health establishment shal] pay a license tax in an amount as present]}� desienated; or as may in the future be amended, in the master tax schedule; CVMC �.07.030. (Ord. 3025 § 1; 2005; Ord. 2408 § 1, 1990. Formerly 536.081). �.36.145 Technician—Permit—A�plication —Investi�ation fee. Any person desiring to obtain a permit to act as a massage technician or holistic health practitioner shall make an application to the city manager. A nonrefundable required fee(s), shall accompan}�the submission of each application to cover the costs of the investieation. A perntit to act as a massaee technician or holistic health practitioner does not authorize the operation of a massage or holistic health establishment. Any person obtaining a permit to act as a massaee technician or holistic health practitioner who desires to operate a massage establishment must separately apply for a license therefor. A person who applies for a license to operate a massage or holistic health establishment and �+fio desires to act as a massaee technician or holistic health practitioner within said massage or holistic health establishment mho pays the fees and taxes requued bv CVT4C �.36.13� and �36.140 shall not be required to pay the fee required by this section. (Ord. 302� § 1, 200�; Ord. 2�06 § 1, 1992; Ord. 2408 § 1, 1990; Ord. 1312 § 2, 1970; prior code § 9.38. Formerl}� 536.090). 5.36.150 License or permit—Ap�lication —Conte�ts required. An}�applicant for a license or permit under this chapter shall submit the followine information: A. The full name and any other names ever used by the applicant; B. The current residential address and telephone number of the applicant. The pre��ious addresses of applicant; if any; for a period of five vears immediately prior to the date of the application and the dates of residence at each; Ordinance I�o. 3296 PaQe 14 C. The address of the proposed massase establishment or holistic health practitioner business: � D. Written proof that the applicant is over the aee of 21 }�eazs; E. .Applicant`s heieht; H�eight; color of e��es and hau; F. Two passport photoffaphs at least tti�o inches b} tH�o inches. tal:en��thin the last sia months: G. Business. occupation or emplo��ment histon� of the applicant for the five vears immediatel�•preceding the date of the application; H. The business license or permit history of the applicant. Whether such person; in previoush�operating in this or another city or state under license or permit, has had such license or pertnit suspended or revoked. the reason therefor, and the business acti�in�or occupation subsequent to such suspension or revocation; I. All arrests and/or com�ictions and/or nolo contendere (no contest) and wilt}�pleas except for minor tr�c infractions. Chazees dismissed pursuant to Penal Code 1203.4(a) must be included. Dates of arrest andlor conviction and/or plea and the court must also be included. J. A certificate from a medical doctor licensed to practice in the state of Califomia statine that the applicant has; N�thin 30 da��s immediatel} preceding the date of the application, been examined and found to be free of an�� contaeious or communicable disease: 1:. Applicant shall be required to fumish his fingerprints; L. .Applicant must fumish a diploma or certificate of graduation from a recomized school or other institution of learnine H�herein the method; profession and ��rork of massa2e technician is taueht. The terms "recoenized school"or"other instirutions of leamine' shall mean and include am� school or institution of leamine which has for iu purpose the teachine of the theory, method, profession or���ork of massaee technicians: «hich school requires a resident course of stud}� of not less than �00 hours (massage technician) or 1,000 hours (holistic health practitioner). Schools offerins correspondence courses not requirine acrual attendance of class shall not be deemed a`recomized school." The city has the rieht to confirm the fact that the applicant has acruall}•attended classes in a recoenized school for the aforementioned minimum tune periods. Proof of successful completion of a national certification exam administered by a national professional certification oreanization approved by the chief of police. The exams administered by the \'CBTNIB and?�'CCAOA4 are approved b}� the chief of police; D4. Such other identification and information as mav be required in order to discocer the truth of the matters hereinabove specified as required to be set forth in the application. lf necessan�; the Chula Vista police department ma��tal:e the finoerprinu and additional photoeraphs and confirm the heieht and ���eieht of the applicant; ?��. If the applicant is a corporation; the name of the corporation esactl} as shown in iu Articles of Incorporation or Charter, together w�th the state and date of incorporation and names and residential addresses of each of iu current officers and directors. and of each stockholder holdin2 more than five percent of the stock of the corporation; Ordinance 3296 Page 1� O. If the applicant is a partnership, the name and residential addresses of each of the partners, including limited to partners; P. If the applicant is limited partnership; a copy of the limited partnership's certificate of limited pannership as filed v,�ith the County Clerk; Q. If one or more of the limited partners is a corporation, the applicant shall provide the information about that partner; R. If the applicant is a corporation or partnership, the name of the responsible managine officer. (Ord. 3025 § 1, 200�; Ord. li 12 § 2, 1970; prior code § 9.39. Formerh� 5.36.100). 5.36155 Grounds for denial of massage establishment permit, holistic health establishment permit, off-premises business permit, massage therapist permit, holistichealth..Practitioner..�ermit............................................................................................................ ..................... In addition to the grounds for denial stated in CVMC 5.02.200; an application for a massaoe establishment permit, holistic health establishment permit, off-premises business permit, massaee therapist permit or holistic health practitioner permit shal] be denied for anv of the followina rzasons: A. The applicant has �+�ithin 10 ��ears immediately preceding the date of the filing of the application; been convicted of an}�of the following offenses: 1. Any offense described in Califomia Penal Code Sections 266h, 266i, 315, 316; 318, 6�3.22, or 647(a), 6�7(b); 647(k)(1), 647(k)(2), or 647(k)(3). 2. Any offense described in California Penal Code, Part One, TiUe 9, Chapters 7.� and 7.6; or the applicant has�i�thin five yeazs immediately precedin�the date of filing of the application been convicted of: a charge of violating any lesser included or lesser related offense, including California Pena] Code Section 415, in satisfaction of; or as a substitute for, an original charge of any of the offenses listed above. 3. The applicant has been com�icted of any offense, ���hich requires registration as a sex offender under Califomia Pena] Code Section 290 or where registration pursuant to Penal Code Section 290 was part of the imposed sentence. B. Arrests for any of the above violations may also be grounds for denial. (Ord. 3025 § 1, 2005). �.36160 Rene�r�al of massa�e thera�ist or holistic health �ractitioner permit. A. Renewal of a Permit Shall Be Annual. All current massage therapists, holistic health practitioners; off-premises massage'tecl�nicians and off-premises holistic health practitioners���orking in the city of Chula Vista, must renew ]icense annually. B. Additionally; in order to rene���a massage technician, holistic health practitioner; off- premises massage or holistic health business permit; the permittee must pro��ide proof of 12 hours of continuing education in massage therapy. The continuing education hours must be obtained from a facility or oreanization approved by the I�rCBTMB,I�TCCAOD4, or a state-appro��ed school or an}� other certification organization recognized by the chief of police. Ordinance No. 3296 Paee 16 C. Addirionall}�, the pemuttee must show proof that the permittee`s national certification is current. Proof from?�'CBTT4B.?�CC.AOM. or an� other certification oreanization recognized b��the chief of police, is sufficient. (Ord. 303� § 1, 200�). �.36.165 Equipment and cleanliness requirements for massage and holisfic health establishmeuts. A. Disinfectins aeenu and sterilizing equipment must be used to ensure that an}� insmunents ased in performine any massage aze clean and safe. B. Pads used on massase tables must be covered in a worl:manlil:e manner H�th durable. H�ashable plastic or other���aterproof material. C. Cleanable and nonabsorbent H�aste containers H�th tight-fittine covers shall be procided for the storine of al] �i�aste matter and shall be maintained in a dean and sanitan condition. D. Closed cabinets or containers shal] be provided for the storaee of laundered towels and linens. �'onabsorbent containers or laundr��baes shall be provided for damp or soiled linen, and linen shall be kept therein until removed for laundering. E. All establishmenu shall be so equipped; maintained; and operated as to effecti�el}� control the entrance, hazboraee. and breedine of vermin, includina flies. When flies or other��ermin are present; effecti��e convol measures shall be instituted for their control or elimination. (Ord. 302� y 1; 200�). 5.36.170 Facilities—Required.�eneralh:. _................................................................... ............... ..................... No license to conduct a massase or holistic health establistunent shall be �anted unless an inspection b� the city manaeer reveals that the proposed establishment complies w�th each of the follo��ine minimum requiremenu: A. A recoenizable and leeible sim shall be posted at the main envance identif}�ine the premises as a massase or holistic health establishment; B. D4inimum lightine shall be provided in accordance H7th the buildine code of the cit} and, in addition, at least one anificial lieht of not less than 60 �i�atts shall be pro�•ided in each room or enclosure tihere massaee sen�ices aze performed on pavons: C. D4inimum rentilation shall be pro��ided in accordance N�ith the building code of the cin�: D. Equipment approved b}�the health department for disinfectine and sterilizine instrumenu used in performing acts of massage shall be provided: E. Hot and cold mm�ing water shall be provided at all times; F. Closed cabineu shall be pro�'ided, which cabineu shall be utilized for the storage of clean linen: G. In any establishment in w'hich massage sen�ices aze rendered only to members of the same sex at anv one tune; such persons of the same sex ma�� be placed in a sinsle sepazate room or the operators of the massaee establishment ma��elect to place such persons of the same sex in separate enclosed rooms or booths ha��ing adequate�entilation to an azea ouuide said room or booth���hile massage services are being performed; Ordinance 3296 Page ]7 H. Adequate bathing. dressing, locker and toilet facilities shall be pro��ided for patrons. A minimum of one rub or shower, one dressing room containing a separate locker for each patron to be sen�ed. ���hich locker shall be capable of being ]ocked, and a minimum of one toilet and one�i•ash basin shall be provided by e��ery massage or holistic health establishment; prorided however. that if male and female patrons are to be served simultaneousl}•at said establislunent. a sepazate massage room or rooms; sepazate dressine facilities and separate toilet facilities shall be provided for male and female patrons. Further. in those establishments where steam rooms or sauna baths aze provided if male and female patrons are to be served simultaneousl}�; separate steam rooms or sauna rooms shall be provided for male and female patrons; I. All walls, ceilines, floors; pools. sho���ers; bathtubs; steam rooms; and all other ph}�sical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. R�et and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets; shower compartments and toilet rooms shall be thorough]y cleaned and disinfected with a disinfectant approved by the health department each day the business is in operation. Bathtubs shall be thoroughly cleaned and disinfected with a disinfectant appro��ed b}�the health department after each use; J. Clean and sanitary towels and]inens shall be provided for each patron of the establishment. No common use of towels or linens shall be permitted; K. A minimum of one sepazate�i�ash basin shall be provided in each massage establishment for the use of employees of any such establishment, which basin shall provide soap or detereent and hot and cold running water at all times and shall be located ���ithin or as close as practicable to the azea devoted to the performing of massage sen�ices. In addition,there shall be provided at each wash basin, sanitary towels placed in permanentiv installed dispensers. This section shall be construed to require minimum standazds only. All applicable provisions of this code have full force and effect. The applicant shall be required to compl}���ith all applicable provisions of this code. (Ord. 3025 § I, 2005; Ord. 1312 § 2, 1970; prior code § 9.40. Formerly 5.36.]10). �.36.17� License or permit—Issuance prerequisites—Appeal of denial— Transferabiliri. A. An} applicant for a perxnit pursuant to these pro��isions shall present to the police department the application containing the aforementioned and described information. The � chief of police shall have a maaimum time period of 90 days in ���hich to investigate the � application and the backeround of the applicant. Based on such investigation, the chief of police; or his representative; shall render a recommendation as to the approval or denial of the permit to the citv manager or his designee. B. The departrnent of building and housing;the fire department and the count}�health officer shall inspect the premises proposed to be devoted to the massage or holistic health establishment and shall make separate recommendations to the city manager or designee conceming compliance with the foregoing provisions. C. The city manager, or his designee, afrer receiving the aforementioned and described ' recommendations, shall grant a permit to the establislunent if al] requirements for a Ordinance?`'o. 3296 Pase 18 massaee or holistic health establishment described herein aze met and shall issue a permit to all persons��ho ha��e applied to perform massaee ser��ices unless it appears that an}� such person has deliberatel}� falsified the application or unless it appears that the record of anv such person re��eals a com�iction of a felom or a crime of moral rurpitude. The cin�manaser or desi¢nee ma�•recommend to the cin� council that an indi�•idual business establishment shall be subject to a public hearing and council appro��al, Nhen in his judgment an}�such business establishment has an effect upon the public health, safet} or«�elfare of the communirv. D. An��person denied a permit by the city manager or his designee pursuant to these pro��isions shall be notified pursuant to Chapter 1.40 CVr4C regazding an appeal w-h}�the permit should be eranted. The decision pursuant to Chapter ].40 CVA4C shall be fmal upon the applicant. Also, the cin� council mav elect on its o�en motion to revieH�any determination of the city manager grantine or den��in2 a pemut. in��hich case, that decision shall then constitute the eichaustion of adminisvati��e remed��. E. All pemvts issued hereunder are nonvansferable; pro��ided however, a chanee of location of a massage establishment ma}�be permitted pursuant to the pro��isions herein. (Ord. 302� § 1. 200�; Ord. 2790, 1999; Ord. 2718 § 1, 1998; Ord. 1312 § Z, 1970; prior code § 9.�2. Fo"rmerly �36.1.i0). �.36.180 \ame of business. ..._........................................_.................................................................................................................................................................................... No person licensed to do business as herein pro�•ided shall operate under an�� nazne or conduct his business under an}�desienation not specified in this permit (Ord. 302� y l; 200�; Ord. li 12 § 2, 1970: prior code § 9.44. Formerl}� �.36.1�0). 5_36190 Change of location-\e�v aaalication €ee required. .. __ ..._ A chan¢e of location of a licensed massaee or holistic health establishment�kz -..A l..-.1... .. -:,l„�I ,.17 ,,....i;...,l.la..�....:�;.,..,. ..fr4,;� ....Ae ., ..r,.a . �:.�. ....a ., „�..,..,.., ,.r i.......:.... . _va veer�� ti.,,- �.ve.. ...,:a ,,. ,.,�,� � ° ���-� °�����•��- shall deem the oermit and license null and void. A ne�� application shall be made b�� anv person. fimi or entit�� desirin� to operate the massase or holistic health establishment in a different ]ocation in the cin�. (Ord. 302� y 1, 200�; Ord. 2�06 y l, 1992; Ord. 2408 § l, 1990; Ord. 1312 � 2, 1970; prior code y 9.4�. Formed�• �36.160). �.36?00 Sale or transfer of business-Effect-Fee for trausfer of interest. � ..................................... � ......................................................................................................................._...._.......................... A. Upon the sale or transfer of any interest in a massage or holistic health establishment, the permit and license shall be null and void. A new application shall be made by any , person, firm or entin�desirins to oHn or operate the massaee or holistic health establishment. The required fee(s) shall be pa}�able for each such application im�olvine sale or other vansfer of an�� interest in an e�istine massaae or holistic health establishment. The provisions of CVA9C �36.1�0 shall appl}�to any person, firm or entin� appl��in�for a massage or holistic heaith establishment permit for premises previousl}� used as such establishment. B. Anv such sale or transfer of am� interesu in an existina massaee or holistic health establishment or an}� application for an extension of the buildine or other place of Ordinance 3296 PaQe 19 business of the massaee or holistic health establislunent, shall require inspection and shall require compliance with CVMC �36.170. (Ord. 3025 § l, 2005; Ord. 2506 y l, 199Z; Ord. 2408 � 1, ]990; Ord. li 1 Z § 2, 1970; prior code § 9.46. Formerly 5.36.170). 5.36.205 Employment of persons not possessin�permits prohibited. It is unlaH�fu1 for the holder of a license to operate a massage or holistic health establishment to employ or otherwise allo��� a person who has not obtained a valid massaee technician`s or holistic health practitioner`s permit to practice acts of massage. (Ord. 3025 § 1; 200�; Ord. 1312 § 2; 1970; prior code § 9.47. Formerly �.36.180). 5.36.210 Records of treatmeut to be kept— Confidentiality required—Disclosure deemed misdemeanor—Penalh�. ............................................................................................................................................ Ever} person, association. firm or corporation operating a massage or holistic health establishment under a license as herein pro��ided shall keep a record of the date and hour of each Veatment, the name and address of the patron; and the name of the technician administering such Veatment. Said record shall be open to inspection by officials chareed with the enforcement of these pro��isions for the purposes of law enforcement and for no other purpose. The information fiunished or secured as a result of any such inspection shall be confidential. An}� unauthorized disclosure or use of such information by any officer or employee of the city shall constitute a misdemeanor and such officer or employee shall be subject to the penalq� provisions of this code, in addition to any other penalties provided by law. Identica] records shall be kept of treatments rendered off the business site, and, in addition; shal] describe the address���here the treatment was rendered. Said records shall be maintained for a period of two years. (Ord. 3025 y 1, 2005; Ord. 1312 § 2, 1970; prior code § 9.48. Former]y 536.190). �.36.220 Ins�ection required four times per.��ear. .............. ............................ ... ................. The departments of building inspection, housing, fire, health, and police shall, from time to time and at least four times each year, make an inspection of each massage establishment in the city for the purpose of determining that the provisions of this code are met. (Ord. 302� § 1, 2005; Ord. ]31 Z § 2, 1970; prior code § 9.49. Formerly 536.200). �.36.230 Off-premises massa;es—Permitted when. It is unla�i-ful for any person to engage in, conduct, carry on or permit to be eneaged in, conducted or carried on the business of massage in any hote] room, motel room, guest- house or other place of public accommodation. A. It is unlaN�fu1 for any persons to engage in, or operate an off-premises massage or holistic health business without an off-premises massage or holistic health business � police permit. B. Any persons possessing an off-premises massage or holistic health business permit is also permitted to operate as a massage therapist or holistic health practitioner. C. An��person desiring to operate an off-premises massage or holistic health business, but who will not provide massage services may obtain an off-premises massaee or holistic health business permit so long as the following conditions are met: Ordinance ?�'o. 3296 Pase 20 1. The person meets the application requuemenu for an off-premises massaae business permit e�cept for the education requuements. � D. This section shall not be construed to: 1. Prohibit maintainino a licensed massase or holistic health establishment upon the premises of a place of public accommodation; or 2. Pre��ent the holder of a license or the holder of a permit employed by the holder of a license issued pursuant to this chapter from ei��ine or administerine massages Hithin hospitals, con�alescent centers, rest homes or the private home of a patron. (Ord. 3025 § 1, 200�; Ord. 1312 § 2. 1970: prior code § 950. Formerl}� �.36?10). �.36.23� Applicabiliri of procisions. -......................... .............................................................................................._................................... The provisions of this chapter shall be applicable to all persons and businesses described herein��hether the herein described activities w�ere established before or afrer Januarv 23. 1971. (Ord. 302� § 1, 200�_ Ord. 1312 § 2, 1970; prior code y 9.�1. Formerly �.36.220). �.36.2�0 License or�ermit—Grounds for suspension or recocation. . .. ..................._ . In the event that an��person holdine a license or permit issued pursuant to this chapter ��iolates or causes or permiu to be �iolated any of the pro��isions of this chapter; or any pro��ision of an} other ordinance or law relatine to or regulatine said business or occupation;or conducts or carries on such business or occupation in an unlaH�ful manner, the city manaeer, ma}�, in addition to other penalties pro��ided b�• ordinance; suspend or revoke the license or permit issued pursuant to this chapter. For the purpose of this section, a criminal court con�iction shall not be required to support a findine of a ��iolation of an}� laN. (Ord. 302� y 1, 200�: Ord. 1312 § 2, 1970; prior code y 9.�2. Formerl}� �.36.230). 5.36.245 License or Permit— Suspension, re�.ocation or denial— Public heariu�. Before den}•ing; suspendine or revoking a license or permit issued pursuant to this chapter, the ciq�manaeer shall offer the applicant or permittee a hearing as pro��ided in Chapter 1.�0 CVMC. (Ord. 302� § 1; 200�; Ord. 2718 y 1; 1998; Ord. L.i12 § 2. 1970; prior code § 9.�3. Formerl}� �.36.240). �.36.2�0 Hearin$..-_\otice required.................................................................................................................................... Repealed by Ord. ?i18� 1, 1998. (Ord. 1312 § 2. 1970; prior code § 954). 5.36Z60 Hearin°a..-_Procedure �enerall�.�............................................................................. ............. Repealed bv Ord. 2718,¢ 1, 1998. (Ord. li 12 § 2; 1970; prior code § 9.»). �.36.270 HearinG—Rules of e�idence................................................................................................................................ Repealed by Ord. 1718 y� 1, 1998. (Ord. 1312 y 2. 1970; prior code � 9S6). �.36.280 Hearina—Decision of determinatioo. - -........ ---- .......__...._........................ ----........................................._....................................................._.............................................. At the conclusion of the hearine. the cin manaeer shall mal:e an order. Such order can: A. Dismiss the chazees: B. Suspend or re�•oke the license or permit; or Ordinance 3296 Paee 21 C. Affix such other conditional and probationary orders as may be proper for the enforcement of this chapter. A copy of the decision specifi�ing findines of fact and the reasons for the decision shall be fiunished to the license or permit holder. (Ord. 302� � 1, 200�; Ord. 1312 § 2, 1970; prior code § 9.�7). 5.36.290 Effect of decision staved when. ................................................................................................................................................... Repealed b}- Ord. ?718,¢ 1. 1998. (Ord. 1312 § 2; 1970; prior code § 9.�8). �.36.300 Hearin�—iVot required N:hen—Effect. ......................................................................................................... Repealed bv Ord. ?i18�' 1, 1998. (Ord. 1312 § 2; 1970; prior code § 9.59). �.36.310 Appeal—Petition reyuired. Repealed by Ord. 2718� 1, 1998. (Ord. 1312 § 2, 1970; prior code § 9.60). �.36.320 A�pea1—Public hearinp—1Votice—Effect of decision. Repealed bi� Ord. 2718,¢ 1, 1998. (Ord. 1312 § Z, 1970; prior code § 9.61). �.36.32� Unla��fu1 o�eration declared nuisance. Any massage establishment operated, conducted or maintained contrary to the provisions of this chapter shall be and the same is hereby declazed to be unlati�fu] and a public nuisance. The cih�attomey may, in addition to, or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings for abatement, removal or enjoinment thereo£ in the manner provided by law. The city attorney shall take such other steps and shall apply to such court or couns as may have jurisdiction to grant such relief as shall abate or remove such massage establishment and restrain and enjoin any person from operatin�; conducting, or maintaining, a massage establiskunent contrazy to the provisions of this chapter. (Ord. 3025 § 1, 2005). �.36.330 Violation —Penalt��. ............... ....................... .... ..... .......................................................................................... A. Every person, e�cept those persons Hfio are specifically exempted by this chapter; N�bether acting as an indi��idual, oNmer, employee of the o�i�ner, operator or employee of the operator; or ���hether acting as a mere helper for the o�imer, employee or operator. or whether actin�as a participant or worker in any �vay; who gi��es massages or conducts a massage or holistic health establishment or room, or who does or practices any of the other thines or acts mentioned in this chapter H�ithout first obtaining a permit and payine for a license so to do from the cit��; or shall violate any provision of this chapter is 2uilty of a misdemeanor. B. An}�owmer, operator, mar�ager; or permittee in charge or in contro] of a massaee or holistic health establishment �vho l:no���ingly emplops a person performing as a massaee technician or holistic health practitioner as defined in this chapter��fio is not in possession of a valid permit, or�+�ho allows such an employee to perform, operate or practice ��ithin such a place of business; is guilty of a misdemeanor. C. Any massage or holistic health establishment operated, conducted, or maintained contrary to the provisions of this chapter shall be and the same is hereby declazed to be unla��fu] and a public nuisance and the city ariome}� may; in addition to or in lieu of prosecutin� a criminal action hereunder, revoke the business license pursuant to the Ordinance No. 3296 Pase 22 procedure set forth in CV?�4C =.36.2�0. commence an action or actions, proceeding or proceedines, for the abatement remo��al and enjoinment thereof. in the manner pro��ided b�� la«; and shall tal:e such other steps and shall appl}�to such coun or courts as ma�� ha�e jurisdiction to arant such relief as H�ill abate or remove such massase establishments and restrain and enjoin any penon from operating, conductine or maintainine a massaQe or holistic health establishment convary to the pro��isions of this chapter. (Ord. 302� § 1, 200�; Ord. 2256 y 3, 1988; Ord. 1312 y 2, 1970; prior code § 9.62). 5.36.340 Operati�.e date- Graudfather clause. ..............._.................-- _......................................- -.._............_.._... - .........- ----.. Ali persons holding a (I) ��alid massa�e technician permit, (2)valid holisric health practitioner permit or(3) an off-premises massaee permit and a(1) current business taa cemficate or(2)proof of emplo}�nent as a massage technician or holistic health practitioner��ithin the city of Chula Vista on I�'ovember 1, 200�; w�ll ha�=e one vear from the date of adoption of the ordinance codified in this chapter to meet the requiremenu contained in CV�4C �.36.1�0(L). (Ord. 302� y l, 200�).