§ 5-15.16. Denial or revocation of permits.

(a)

Grounds for denial or revocation. The Chief of Police may deny or revoke permits issued under this chapter for one or more of the following grounds:

(1)

Fraud or deceit. The applicant practiced fraud or deceit in obtaining an approval under this chapter;

(2)

Violation of chapter. The massage establishment owner, off-premises massage business owner, operator, RMO, managing employee, any massage practitioner, or any of the massage establishment's or off-premises massage business' employee(s) or contractors violated a provision or provisions of this chapter or Business and Professions Code 4600 et seq. Although a single violation depending upon severity may be sufficient (for example subsection (5) below), two (2) violations in any twelve (12) month period or three (3) violations in any twenty-four (24) month period shall be prima facie grounds for revocation or denial;

(3)

Criminal conviction. The massage establishment owner, off-premises massage business owner, operator, RMO, managing employee, any massage practitioner, or any of the massage establishment's or off-premises massage business' employee(s) or contractors has been convicted in a court of competent jurisdiction of any offense described in this chapter, including infractions;

(4)

Improperly maintained facilities. The facilities and operations of the massage establishment and/or its equipment are not kept in compliance with this chapter, and that the owner or operator has failed to promptly remedy any deficiency of which they have been notified within the time period provided in the notice. For purposes of this subsection, "notice" means notice given personally or by leaving notice at the massage establishment premises, or by first class mail, postage prepaid, to the address designated by the applicant, permittee, or RMO in accordance with this chapter;

(5)

Employment or use of uncertified practitioners. The massage establishment has employed, allowed, or permitted a person to perform massage in the massage establishment or under the sponsorship of the off-premises massage business who is not a CAMTC certified massage practitioner;

(6)

Employment of persons under eighteen (18) years of age. The massage establishment has employed, allowed, or permitted to work within the facility, or under the sponsorship of the off-premises massage business who is not eighteen (18) years of age or older.

(7)

Error. The approval or permit was issued in material or substantial error;

(8)

Prohibited conduct. A massage establishment owner, off-premises massage business owner, operator, RMO, managing employee, massage Practitioner, or its employee(s) or agent(s) has been found to have engaged in prohibited conduct in violation of this chapter or operating on a suspended or revoked massage establishment permit or off-premises massage permit, business tax certificate, zoning clearance or home occupation permit.

(9)

Disqualifying conduct shall include:

(i)

Conviction of, or entry of a plea of guilty or no contest to, an offense that requires registration under California Penal Code Section 290, or which is a violation of Section 266(i), 314, 315, 316, 318, or 647(b) or the sections in Part 1, Title 9, Chapter 7.5 or 7.6 of the Penal Code, a specified criminal offense, or equivalent offenses under the laws of another jurisdiction, or any offense involving sexual misconduct with children or adults, even if expunged pursuant to Penal Code Section 1203.4;

(ii)

Conviction of, or entry of a plea of guilty or no contest to, an offense involving the sale of a controlled substance specified in Sections 11054 through 11058, 11351, 11352, 11358 through 11363, or 11378 through 11380 of the California Health and Safety Code, or equivalent offenses under the laws of another jurisdiction, even if expunged pursuant to Penal Code Section 1203.4;

(iii)

Conviction of, or entry of a plea of guilty or no contest to, a violation of Penal Code Section 415 as a result of an arrest for violation of Penal Code Section 647(b).

(iv)

Any conduct violation of any relevant California or Federal statute, including but not limited to, Business and Professions Code 4600 et seq.

(10)

Disciplinary action. Any disciplinary action taken by CAMTC shall be considered in determining grounds for denial or revocation. Any revocation by CAMTC of a practitioner license for a provider who is a sole proprietor shall result in immediate revocation of the permit issued by the City and require reapplication by the sole proprietor for a new permit.

(11)

Failure to provide on-going information. Any failure of the massage establishment or off-premises massage business to provide required or updated information or declarations as specified by this chapter (including current massage practitioners, independent contractors, and employee ongoing information or declarations) or failure to renew required business tax certificates.

(12)

Failure to maintain bona fide employment. Proof of an employer-employee relationship between the operator of the massage establishment or off-premises massage business and any person working at or for the massage establishment or off-premises massage business. Satisfactory proof of bona fide employment must be shown by written payroll documentation evidencing the employer's compliance with California Employment Development Department (EDD) requirements for the withholding of California income tax, unemployment insurance contributions, and disability contributions from the employee and written payroll documentation of the employer's compliance with Internal Revenue Service (IRS) requirements for the withholding of federal income taxes, Social Security (FICA) contributions, and Medicare contributions from the employee. Such written documentation can include, but is not limited to, W-2 wage and tax statements.

(13)

Use of the facility for temporary or permanent housing, overnight stays or other residential uses.

(14)

Committing a violation of this chapter while working as an agent, employee or manager at any other establishment or off-premises business where he or she is not declared by that business owner and/or not declared as an employee is, by itself, a violation attributable to an applicant/permittee and will count as a violation(s) attributable to the applicant/permitee's existing permit(s). Each violation is a separate offense. Citations and revocations obtained while working at other facilities are grounds for revocation of any/all permits held by the owner or applicant/permittee.

(b)

Notice of revocation. Upon a determination on the grounds to revoke a permit under this chapter, the Chief of Police must cause a notice of revocation to be mailed by first class mail, postage prepaid, to the address set forth as the service address in the permit application or any updated address provided to the City by the massage establishment or off-premises massage business pursuant to this chapter. Surrender of a permit after a revocation notice has been issued by the City, whether or not an appeal is pursued, shall be considered the same as a revocation.

(c)

No massage establishment shall be established at a location where a massage establishment was closed due to conduct which violated any provisions of this chapter for one year. Establishments wishing to reapply after one year shall be subject to all the requirements of a new establishment.

(d)

Reapplication after denial. No reapplication for a massage establishment permit or off-premises massage permit will be accepted within one year after an application or renewal is denied or an massage establishment or off-premises massage permit is revoked, provided that, if a sole proprietor is denied for the sole reason that a sole proprietor does not possess a CAMTC certification, reapplication may occur after CAMTC certification has been attained.

(e)

Burden of proof. Unless otherwise specifically prohibited by law, the burden of proof is on the applicant or permittee in any hearing or other matter under this article.

(f)

Suspension or revocation by CAMTC. Suspension by CAMTC of any sole proprietor owner or RMO CAMTC certification, where the owner is also the sole massage practitioner of the massage establishment or off-premises massage business shall cause immediate suspension by the Chief of Police of the City of Simi Valley massage establishment or off-premises massage business permit. Notice to the permittee will be given by certified mail and will be effective immediately. The permittee shall cease operation/services until such time as the CAMTC reinstates the certification and proof of said reinstatement is acknowledged by the Chief of Police. Revocation by CAMTC of certification of any sole-proprietor owner, RMO or off-premises massage business shall cause immediate cessation of the massage establishment or off-premises massage business, and all services, and initiation of City of Simi Valley massage revocation processes.

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