§ 5-15.13. Permit duration and renewal.

(a)

A massage establishment permit or off-premises massage permit shall be valid for two (2) years from the date of issuance unless revoked or suspended.

(b)

A permittee may apply for, and are responsible for, any renewal of a permit sixty (60) calendar days prior to the expiration of the permit. If a complete application for renewal is not received by the expiration date, the permit shall be deemed expired. Any permit issued under this chapter must be returned to the Chief of Police within forty-eight (48) hours of its expiration. No privilege to provide massage shall exist until an application for renewal has been granted. After a permit expires, a new application may be filed; however, all rules in place at the time of new application shall apply.

(c)

Permits may be renewed by filing an application for renewal under penalty of perjury, and updating information and photograph(s) in the original application provided to the Chief of Police.

(d)

Verification of continued certification, in good standing, from CAMTC, of all massage practitioners owning or working in any capacity with the massage establishment or off-premises massage business shall accompany the application for renewal. During the pendency of the renewal application, verification of CAMTC certification of all new massage practitioners hired by a massage establishment shall be submitted to the Chief of Police as a supplemental to the renewal application within ten (10) days of hiring, termination or resignation of a massage practitioner.

(e)

To renew a massage establishment permit, off-premises massage permit or massage practitioner, the permittee shall pay the City a nonrefundable fee in an amount set forth by resolution of the City Council.

(f)

Prior to approval of the renewal for a massage establishment at a fixed location, the Chief of Police shall cause an inspection of the facility, which may be announced or unannounced. The facility, owner, operators, managing employees, massage practitioners, agents and other personnel, employees, and contractors must be found in compliance with all regulations of this chapter at the time of the inspection, or the request for renewal will be denied. Any denial of the facility may be appealed in accordance with this chapter. If the denial is not reversed on appeal, the massage establishment will be found in immediate violation of this chapter, and the massage establishment permit, off-premises massage permit, business tax certificate, business license, zoning clearance, and home occupation permit, as applicable, will be immediately revoked.

(g)

After investigating the application for renewal, the Chief of Police shall renew the permit if the permittee continues to meet the requirements for issuance of a permit, and none of the grounds for denial of a permit or permit renewal set forth in this chapter exist. The Chief of Police shall renew the permit within thirty (30) calendar days of such request if the information upon which the original application was granted remains materially unchanged and no violations of this chapter have been committed. The Chief of Police shall at his or her sole discretion optionally extend time in writing for the renewal investigation if required to make a determination of renewal or non-renewal. If such extension goes beyond the original expiration date of the permit, the permittee may continue operation until such time as the Chief of Police makes a determination on the application for renewal.

(h)

Should the Chief of Police reasonably determine that an application for renewal presents materially and substantially new or different information compared to the expiring massage establishment permit or off-site massage permit, the Chief of Police may consider the existing massage establishment permit or off-premises massage business permit to have expired, and the permit holder shall then be required to file a new massage establishment permit or off-premises massage business permit application. Notice shall be given to the applicant of the determination of such expiration, and the applicant may appeal such determination of expiration pursuant to Section 5-15.17 of this chapter.

(§ 2 (Exh. A), Ord. No. 1287, eff. April 5, 2018)