5.49.030 Massage Operator’s Permit – Procedures.
A. Application Filing. Any person who intends to operate a massage business shall file a written application on a required form provided by the City and pay fees set forth by City Council. The completed application shall be filed with the Planning Department.
1. Applicant. The application shall be completed and signed by the sole proprietor of the proposed massage business if a sole proprietorship; all general partners if the operator is a partnership; all officers or all directors if the operator is a corporation; and all participants if the operator is a joint venture. The application for a permit does not authorize operation of a massage business unless and until such permit has been issued.
2. Contents. The application shall contain or be accompanied by the following information:
a. The type of ownership of the business, i.e., whether by individual, partnership, corporation or otherwise. If the business is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter together with the state and date of incorporation and the names and residence addresses of each of its current officers and directors, and of each stockholder holding more than ten (10) percent of the stock of that corporation. If the business is a partnership, the application shall set forth the name and residence of each of the partners, including limited partners. If the business is a limited partnership, the application shall include a copy of its certificate of limited partnership filed with the California Secretary of State. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated persons shall complete and sign all application forms required for an individual applicant under this chapter, but only one application fee shall be charged.
b. The precise name under which the massage business is to be conducted.
c. A description of the manner of providing the proposed services, including types of services and the number of persons engaged in the services.
d. Address and all telephone numbers of the massage business.
e. Hours of operation of the massage business.
f. Floor plan showing where the services are proposed to be conducted within the building.
g. A list of all of the massage business’s employees and independent contractors who work on site. The list should note whether or not they perform massage and their CAMTC certification, if applicable.
h. Agreement that the owner/operator shall comply with the operating requirements set forth in Larkspur Municipal Code Section 5.49.050.
i. Any other information required by the Community Development Director.
j. Payment of all fees required for processing the application.
3. For Owners/Operators Who Are Not CAMTC-Certified Massage Practitioners. Each owner or operator of the massage business who is not a CAMTC-certified massage practitioner shall submit an application for review, including the following:
a. The individual’s business, occupation, and employment history for the five (5) years preceding the date of the application;
b. The inclusive dates of such employment history;
c. The name and address of any massage business or similar business owned or operated by the individual whether inside or outside the City.
d. A statement in writing and dated by the applicant that they certify under penalty of perjury that all information contained in the application is true and correct.
4. For All Owners (CAMTC-Certified Massage Practitioner or Not). All owners and operators of the massage business shall provide:
a. 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.
b. 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 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 local, state, or federal law, or the provisions of this chapter may result in revocation of the massage operator’s permit.
B. Review. The Planning Department shall review applications for massage operator’s permits for compliance with the Larkspur Municipal Code. The Police Authority shall work with Planning Department staff to conduct an investigation into the information provided on the application, as needed.
C. Action. Upon provision by the massage business of the foregoing documentation, the Community Development Director shall take action on the massage operator’s permit. The Community Development Director shall issue or deny an application for a massage operator’s permit within sixty (60) calendar days of the filing of a complete application. If necessary, the Community Development Director may extend the time to issue or deny the permit.
D. Grounds for Denial. The Community Development Director shall deny an application for a massage operator’s permit on any of the following grounds:
1. The applicant does not have sufficient proof of the required CAMTC certification requirements pursuant to Larkspur Municipal Code Section 5.49.020.
2. The operation as proposed by the applicant would not comply with all applicable ordinances and laws, including, but not limited to, the City’s building, zoning, health, and fire safety ordinances.
3. The applicant has previously had a massage operator’s permit or any similar license, certificate, or permit revoked by the City or any public agency.
4. The applicant has made a material misrepresentation in the application or supplementary material submitted with the application.
5. The applicant has been convicted in a court of competent jurisdiction of any offense that relates directly to the conduct or operation of a massage business, or of any offense the commission of which occurred on the premises of a massage establishment or while performing off-premises massage.
6. The applicant has been the subject of a permanent injunction against the conducting or maintaining of a nuisance pursuant to Sections 11225 through 11235 of the California Penal Code, or any similar law in any state or other jurisdiction.
7. The owner has been convicted in a court of competent jurisdiction of having violated, or has engaged in conduct constituting a violation of, any of the following offenses: Sections 261, 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22 of the California Penal Code, or conspiracy or attempt to commit any such offense, or any similar offense in any state or other jurisdiction, whether or not any criminal prosecution has been pursued or conviction obtained for such acts.
8. The applicant has been successfully prosecuted under the Red Light Abatement Act (California Penal Code Section 11225 et seq.) or any similar law in another jurisdiction.
9. The owner is currently required to register pursuant to the Sex Offender Registration Act (Chapter 5.5 commencing with Section 290 of Title 9 of Part 1 of the California Penal Code), or any similar law in any state or other jurisdiction.
10. Any other unprofessional conduct or violation of any applicable law, rule or regulation that is substantially related to the provision of massage therapy.
E. Notice of Denial. The Community Development Director shall provide the applicant with notice of denial as provided for in Larkspur Municipal Code Section 5.49.090(B)(3). Denial of an application shall be effective upon providing notice, as provided for in Larkspur Municipal Code Section 5.49.090(C)(2).
F. Reapplication. No reapplication will be accepted within one year after an application or renewal is denied or a certificate is revoked.
G. Limits on Issuance of Permits for Specific Locations. Massage operator’s permits may not be issued to a massage business seeking to operate at a particular location if:
1. Another massage business is or was operating at that particular location, and that massage business is currently serving a suspension or had its permit revoked. The prohibition in this subsection shall apply during the pendency of the suspension or one year following revocation.
2. Another massage business is or was operating at that particular location, and that massage business has received a notice of suspension, revocation, or fine. The prohibition in this subsection shall apply during the ten-day period following receipt of the notice or while any appeal of a suspension, revocation or fine is pending.
3. Another massage business is or was operating at that particular location and that massage business has outstanding fines that have not been paid.
H. Amendment. A massage business shall notify the Planning Department to amend its massage operator’s permit within thirty (30) days after any change in the registration information, including, the change of the business’s address, or changes in the owner’s addresses and/or telephone numbers.
I. Expiration and Renewal. After initial approval, a massage operator’s permit shall be valid for a period of no more than two (2) years from the date of issuance. A massage business shall apply to the Planning Department to renew its massage operator’s permit at least thirty (30) days prior to the expiration of said massage operator’s permit. The updated application for review shall include updated information as required under subsection (A) of this section. If an application for renewal of a massage operator’s permit and all required information is not timely received and the permit expires, no right or privilege to provide massage shall exist. Thereafter, the massage operator’s permit may be renewed each year in conjunction with renewal of the business license unless renewal is otherwise denied by the Community Development Director per Larkspur Municipal Code Section 5.49.090.
J. Transfer. A massage operator’s permit shall not be transferred except with the prior written approval of the Community Development Director. A written request for such transfer shall contain the same information for the new ownership as is required for applications for massage operator’s permit 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 or certified mail. A massage operator’s permit may not be transferred during any period of suspension or one year following revocation; during the ten-day period following a massage business’s receipt of a notice of suspension, revocation or fine issued; or while any appeal of a suspension, revocation or fine is pending. Further, a massage operator’s permit may not be transferred until all outstanding fines have been paid. (Ord. 1062 § 14, 2022; Ord. 1032 § 1, 2019; Ord. 1026 § 1, 2018)