§ 5.52.140. Massage technician permit application.

Each massage technician shall be required to obtain a permit before administering massage. The procedure to obtain a massage technician permit is as follows:

A.

Each applicant for a massage technician permit shall make application to the chief of police.

B.

Each application for a massage technician permit shall be accompanied by a nonrefundable fee. The fee paid shall be to defray in part the cost of the investigation and report required by this chapter. This massage technician permit application shall be determined from time to time by the city council by resolution to properly reflect cost recovery adjustments it deems appropriate. A copy of the receipt for the nonrefundable fee shall accompany the application.

C.

The massage technician permit application and fee required under this section shall be in addition to any license, permit or fee required under any other section of this code or other city law or regulation.

D.

The application and fee required for a massage technician permit does not authorize the applicant to provide massage until such permit has been granted.

E.

Each applicant for a massage technician permit shall submit the following information and/or document(s) together with a statement in writing that the applicant certifies under penalty of perjury that the information contained in the application is true and correct:

1.

All information required by Section 5.52.060 (E)(3)—(7), (11), (12), (17), (18), (21), (22) and (23);

2.

A diploma or certificate of graduation from a two hundred (200) hour course of instruction from either:

a.

A recognized school of massage as defined in Section 5.52.020 of this chapter, or

b.

An existing school or institution of learning outside the state of California together with (i) a copy of the school's approval by its State Board of Education and (ii) a certified transcript of the applicant's school records showing date of enrollment, hours of instruction and graduation from a course having at least the minimum requirements prescribed by Chapter 21 (entitled "Private Postsecondary Education," Section 18,800 et seq.), of Division 1 (entitled "State Department of Education") of Title 5 of the California Code of Regulations; wherein the theory, method, profession and work of massage is taught,

c.

This chapter shall not permit the issuance of temporary or trainee massage technician permits to persons who do not meet the requirements of this chapter;

3.

If the massage technician will be employed at a fixed place of business, the massage establishment's full name, address and telephone number;

4.

Such other identification and information shall be provided as required by the chief of police, as necessary to discover the truth of the matters specified and required in the application;

5.

A certificate from a medical doctor licensed to practice in the state of California, including the physician's address and phone number, stating that the applicant has, within the thirty days immediately preceding the date of application, been examined and found to be free of any contagious or communicable disease capable of being transmitted to the public or to fellow employees. The testing for communicable disease, including Hepatitis B and Tuberculosis, or other medical conditions, is required to help prevent any conditions that could interfere with the massage technician's ability to engage in the practice of massage to the public in a safe and healthful manner due to the type of physical contact and interaction in the performance of the job of a massage technician. Pursuant to Health and Safety Code Section 199.20, and unless otherwise required by state or federal law, nothing in this chapter shall require testing or disclosure as to whether or not an applicant is infected with the human immunodeficiency virus (HIV);

6.

The massage technician applicant has successfully passed a written examination administered by the chief of police wherein the applicant has been required to demonstrate a basic knowledge of anatomy, physiology, hygiene and massage. Additionally:

a.

No applicant may take the test more than two times in a twelve month period,

b.

Applicants who have written proof of their successful completion of the National Certification Board for Therapeutic Massage and Bodywork examination or the American Massage Therapist Association examination will not be required to take the additional written exam.

(Ord. 1243 § 2 (part), 1997)