Chapter 5.48 MASSAGE BUSINESSES

Whenever, in this Ordinance, the following terms are used, they shall have the meaning ascribed to them in this Section unless it is apparent from the context thereof that some other meaning is intended.

(1) “Applicant(s)” shall mean the individual applicant and/or the designated officer or managing partner acting on behalf of a corporation or partnership.

(2) “Code Enforcement Officer” means the Code Enforcement Officer of the City of Norco or his or her designated representative.

(3) “Massage” means any method of treating the external parts of the human body for remedial, health, or hygienic purposes by means of pressure on or friction against; or stroking, kneading, rubbing, tapping, pounding; or stimulating the external parts of the human body with the hands or other parts of the human body, with or without the aid of any mechanical or electrical apparatus or appliances; or with or without supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations.

(4) “Massage business” means any establishment having a fixed place of business where any person, firm, association, partnership, corporation engages in, conducts, or carries on, or permits to be engaged in, conducted or carried on, any business of giving massages, baths, administration of fomentation, electric or magnetic treatments, alcohol rubs, or any other type of system for treatment or manipulation of the human body with or without any character of bath, such as Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath.

(5) “Massage technician” shall include a “Massage Technician”, “Massage Trainee”, “Masseur”, Masseuse” and means any person who administers to another persons, for any form of consideration, “massage” as defined, or bathes, manipulates the body, or uses electric massage procedures, or similar procedures.

(6) “Out Call Massage Service” means any business where the primary function of such business is to engage in or carry on massage, not always at a fixed location, but also at locations designated by the customers or clients.

(7) “Panel” means the massage examining panel of the city.

(8) “Person” means any individual, firm, partnership, joint venture, corporation, association, club or organization.

(9) “Practice of massage” means the performance of massage for compensation, either as the owner of or as an employee of a massage business, either at or away from the place of business.

(10) “Recognized School of Massage” means any school or institution of learning which teaches the theory, ethics, practice, profession, or work of massage. (Ord. 783, 2001; Ord. 723, 1997)

5.48.200 MASSAGE BUSINESS

5.48.210 Massage Business—Permit Required.

(1) It shall be unlawful for any person, firm, partnership or cooperation to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises within the City of Norco, the operation of a massage business as herein described, without first having obtained a permit issued by the City of Norco pursuant to the provisions herein set forth. Said permit shall immediately be surrendered to the City upon suspension, revocation, or expiration of said permit;

(2) No person shall engage in or hold himself or herself out as engaged in the practice of massage in the city without a valid massage technician license. The possession of a valid massage business license does not allow the holder thereof to engage in the practice of massage;

(3) No person who is the owner, operator, responsible managing employee or manager of a massage business, shall employ or permit any individual to engage in the practice of massage unless such individual possesses a valid technician license.

(4) A permit under this Chapter shall be valid for twelve (12) months from the date of issuance unless revoked or suspended. The permit required shall be in addition to any business license required by City ordinance or any other permit required for such use including, but not limited to, any conditional use permit or other similar entitlement for use.

5.48.215 Massage Business Exemptions.

The provisions of this Chapter shall not apply to:

(1) Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duly licensed to practice their respective professions in the State of California;

(2) Nurses registered under the laws of the State of California;

(3) Barbers and beauticians who are duly licensed under the laws of the State of California while engaging in practice within the scope of their licenses, except that this provision shall apply solely to the massaging of the neck, face, and/or scalp of the customer or client;

(4) Hospitals, nursing homes, sanitariums, or other health care facilities duly licensed by the State of California;

(5) Accredited high schools, junior colleges, and colleges or universities whose coaches and trainers are acting with the scope of their employment;

(6) Trainers of amateur, semiprofessional or professional athletes or athletic teams.

(7) Acupuncture and the practice of puncturing the body (as with needles) of specific points to relieve pain or cure disease as regulated in Chapter 12 of the Business and Professions Code. (Ord. 723, 1997)

5.48.220 Massage Business Application.

(1) Any person, firm, corporation, or partnership desiring to obtain a permit to operate a massage business shall make application to the Business License Department under penalty of perjury of the laws of the State of California, to the City. Prior to submitting such application, a non-refundable fee in an amount established by the City Council shall be paid to the City to defray, in part, the cost of the investigation and reports required by this Chapter. A copy of the receipt showing payment of the required fee shall accompany the application. These fees are non-refundable and shall defray the cost of processing each application.

(2) The applicant, if a corporation or partnership, shall designate one of its officers or general partners to act as its responsible managing employee. Such person shall complete and sign all application forms required of an individual applicant under this Chapter.

(3) The application and fee required under this Section shall be established by Resolution and presented together with an application, signed and dated by the applicant, under penalty of perjury, stating that all information contained in the application is true and correct. (Ord. 808, 2003)

(4) The application for permit does not authorize conducting a massage business. No business shall be conducted until such permit has been granted. (Ord. 887, Sec. 2, 2008)

(5) Each applicant for a massage business permit shall submit the following information:

(A) The full true name under which the business will be conducted. If the name is a fictitious name, all individual owners, stockholders, partners, etc. shall be identified;

(B) The present or proposed address where the business is to be conducted;

(C) The applicant’s full, true name, any other names used, date of birth, California Driver’s License number or California identification number, Social Security number, present residence address and telephone number, the sex, height, weight, color of hair, and color of eyes.

(D) Previous two (2) residences of the applicant and the inclusive dates at each address;

(E) The applicant’s business, occupation, and employment history for five (5) years preceding the date of application, and the inclusive dates of same;

(F) The permit history of the applicant, including whether such person has ever had any permit or license issued by any agency, board, city, county, parish, territory, or state, the date of issuance of such a permit or license, whether the permit or license was revoked or suspended, or if a vocational or professional license or permit was issued, revoked, or suspended, and the reason(s) therefore;

(G) All convictions for any crime involving conduct which requires registration under any state, federal or territorial law similar to and including California Penal Code § 290, or of conduct which is a violation of the provisions of any state, federal or territorial law similar to and including California Penal Code § 266h, 266I, 314, 315, 316, 318, 647, any other crime involving the elements of the foregoing code Chapters, by way of plea bargain, or any crime involving dishonesty, fraud, deceit, or moral turpitude. For the purposes of this Chapter, “conviction” shall include a conviction pursuant to a plea of guilty or nolo contendere;

(H) A complete explanation of all services to be provided;

(I) The name, address, and date of birth of each massage technician, trainee, or employee who is or will be employed in said business;

(J) The name and address of any massage business or other like business owned or operated by any person whose name is required to be given pursuant to this Section wherein the business or profession of massage is carried on;

(K) Acceptable written proof that the applicant is at least eighteen (18) years of age;

(L) If the applicant 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 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 five percent (5%) or more of the stock of that corporation;

(M) If the applicant is a partnership, the application shall set forth the name and residence addresses of each of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the County Clerk;

(N) The City may require the applicant to furnish fingerprints when needed for the purpose of establishing identification. Any required fingerprinting fee will be the responsibility of the applicant;

(O) Two (2) current, full-face portrait photographs of the applicant, two (2) inches by two (2) inches in size shall be provided by the applicant;

(P) A description of any other business to be operated on the same premises, or on adjoining premises, owned or controlled by the applicant shall be set forth;

(Q) The name and address of the owner and lessor of the real property upon or in which the business is to be conducted shall be identified. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized acknowledgment from the owner of the property that a massage business will be located on his/her property; and

(R) Authorization for the City of Norco, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application shall be required. (Ord. 723, 1997)

5.48.225 Massage Business—Operating Requirements.

A massage business shall meet the following minimum requirements:

(1) Each person employed or acting as a massage technician shall have a valid permit issued by the City, which permit shall be displayed in a conspicuous area open to the public at all times. It shall be unlawful for any owner, manager, operator, responsible managing employee, or permittee in charge of or in control of a massage business to employ or permit a person to act as a massage technician who is not in possession of a valid, unrevoked massage technician permit issued pursuant to this Chapter and which is worn clearly visible during working hours.

(2) The possession of a valid Massage Business Permit does not authorize the possessor to perform work for which a Massage Technician Permit is required.

(3) Massage operations shall be carried on or conducted, and the premises shall be open, only between the hours of 7:00 a.m. and 10:00 p.m.

(4) A list of services available as approved pursuant to the application and the cost of such services shall be posted in an open public place within the premises, and shall be described in readily understandable language. No owner, manager, operator, responsible managing employee, or permittee shall permit, and no massage technician shall offer or perform, any service other than those posted.

(5) The Massage Business Permit and a copy of the permit of each and every massage technician employed in the business shall be displayed in an open and conspicuous place on the premises.

(6) Every massage business shall keep a written record of the date and hour of each treatment, the name and address of each patron, the name of the massage technician administering the treatment, and the type of treatment administered. Such records shall be open to inspection only by officials charged with enforcement of this Chapter, shall be available during all business hours, and shall be used for no other purpose. Any unauthorized disclosure or use of such information by any officer or employee of the City or the owner or employee of the massage business, shall constitute a misdemeanor and such persons shall be subject to the penalty of the provisions of this Chapter in addition to any other penalties provided by law. Such records shall be maintained on the premises of the massage business for a period of two (2) years.

(7) Massage businesses shall at all times be equipped with an adequate supply of clean, sanitary towels, coverings, and linens. Clean towels, coverings and linens shall be stored in enclosed cabinets. Towels and linens shall not be used on more than one (1) patron, unless such towel or linen has first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one (1) patron. Soiled linens and towels shall be deposited in separate, Health Department approved receptacles.

(8) If male and female patrons are to be treated simultaneously at the same massage business, separate massage rooms, separate dressing facilities and separate toilet facilities shall be provided for male and female patrons.

(9) Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bath rooms, tanning booths, whirlpool baths and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant approved by the County Health Department. Bathtubs shall be thoroughly cleaned with a disinfectant, approved by the Health Department, after each use. All walls, ceilings, floors, and other physical facilities of the business must be in good repair and maintained in a clean and sanitary condition.

(10) Instruments utilized in performing massage shall not be used on more than one (1) patron unless such instruments have been sterilized, using approved sterilizing methods.

(11) All employees, including massage technicians, shall be clean, and wear clean, nontransparent outer garments. Said garments shall not expose their genitals, pubic area, buttocks, or chest. Massage technicians shall maintain the massage technician permit visibly on their person during business hours.

(12) No person shall enter, be or remain in any part of a massage business while in the possession of, consuming, under the influence of or using any alcoholic beverages or drugs except pursuant to a prescription for such drugs. The owner, operator, responsible managing employee, manager, or permittee shall not permit any such person to enter or remain upon such premises.

(13) No massage business shall operate as a school of massage, or use the same facilities as that of a school of massage.

(14) No service may be carried on within any cubicle, room, booth, or any area within a massage business which is fitted with a door capable of being locked. All exterior doors shall remain unlocked from the interior side during business hours.

(15) A massage shall not be given and no patron shall be in the presence of a massage technician or other employee unless the patron’s genitals are fully covered by a non-transparent covering. In addition, a female patron’s breasts shall be fully covered by a non-transparent covering.

(16) No massage business shall be open for business without at least one massage technician on the premises at all times who is in possession of a current, valid permit.

(17) Each massage business granted a permit under this Chapter shall have a manager on the premises at all times the massage business is open. The operator of each massage business shall file a statement with the City designating the person or persons who shall act as manager. The operator, or manager in the operator’s absence, shall be responsible for ensuring compliance with this Chapter. (Ord. 723, 1997)

5.48.230 Massage Business—Facilities.

Every massage business shall maintain facilities meeting all of the following requirements:

(1) Signs shall be in conformance with the current ordinances of the City of Norco;

(2) Minimum lighting shall be provided in accordance with § 1201 of the Uniform Building Code or successor provision or provisions. In addition, at least one artificial light of not less than sixty (60) watts shall be provided in each room or enclosure where massage services are performed on patrons;

(3) Minimum ventilation shall be provided in accordance with § 1201 of the Uniform Building Code or successor provision or provisions.

(4) Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided at all times;

(5) Hot and cold running water shall be provided at all times;

(6) Closed cabinets shall be provided for storage of clean linens;

(7) A minimum of one (1) separate wash basin for employees shall be provided at all times. The basin shall be located within or as close as practicable to the area devoted to performing of massage services. Sanitary towels shall also be provided at each basin;

(8) Pads used on massage tables shall be covered with a durable, washable plastic or other waterproof material acceptable to the Riverside County Health Department. (Ord. 723, 1997)

5.48.235 Massage Business Inspection.

All applicants for a license shall be subject to a waiting period not to exceed one hundred-twenty (120) days commencing from the date the application is received. During such time, as a condition precedent to such applicant’s right to receive a business license, an inspection shall be conducted to support or reject the permit to carry on the business.

All information contained in the application shall be reviewed, and inspection shall be made of the premises within which the business is to be conducted. If all evidence is satisfactory and all criteria is met, a business license shall be issued.

The Code Enforcement Officer shall, from time to time, and at least once a year, cause an inspection to be made of the premises and facilities of each massage business located within the city. (Ord. 723, 1997)

5.48.240 Massage Business—Licenses Not Transferable.

No license issued hereunder shall be transferable from one person to another. A massage business license shall be issued for a specific location, and shall in no event be transferable from location to another. (Ord. 723, 1997)

5.48.245 Massage Business—Change of Location or Name.

(1) A change of location may be approved by the City provided the massage business complies with all ordinances and regulations of the City of Norco.

(2) No permittee shall operate under any name or conduct any business under any designation not specified in the permit.

(3) Any application for an expansion of a building or other place of business shall require compliance with this Chapter. (Ord. 723, 1997)

5.48.250 Massage Business—Notification of Change.

The holder of the permit to operate or conduct a massage business shall notify the City, in writing, of the name and address of each person employed, including massage technicians, at such business within five days of said person being employed.

If, during the term of a permit, the applicant has any change in information provided on or concerning the original application or permit renewal application, notification shall be made to the City in writing, within 10 business days of the change. (Ord. 723, 1997)

5.48.255 Massage Business—Renewal of Permit.

A massage business licensed under this chapter shall submit an application for renewal 30 days prior to the expiration thereof. The renewal application shall be submitted together with the requisite fee as specified in the adopted fee resolution. Approval of the renewal application shall be contingent upon satisfactory compliance with all pertinent provisions of this chapter. (Ord. 1068 Sec. 1, 2021; Ord. 723, 1997)

5.48.260 Massage Business—Applicability of Regulations to Existing Businesses.

The provisions of this chapter shall be applicable to all persons and businesses described herein whether the described activities were established before or after the effective date of the chapter, except that massage businesses legally in business prior to the effective date hereof shall have six months or until the expiration of their current business license, whichever is greater, to comply with the terms hereof. (Ord. 723, 1997)

5.48.300 MASSAGE TECHNICIANS

5.48.310 Massage Technicians—Permit Required.

(1) It shall be unlawful for any person to engage in the business of acting or to act as a massage technician unless such person holds a valid massage technician permit issued by the City. Each massage technician permit holder shall be issued a photo identification badge which will also serve as a massage technician permit. The permit holder shall maintain the massage technician permit visibly on his or her person during business hours.

(2) Each permit holder shall immediately surrender to the City any massage technician permit issued by the City upon the suspension, revocation, or expiration of such permit.

(3) A permit under this chapter shall be valid for 12 months from the date of issuance unless revoked or suspended. (Ord. 723, 1997)

5.48.320 Massage Technician—Application.

(1) Each applicant for a massage technician permit shall make application under penalty of perjury of the laws of the State of California to the Director. Prior to submitting an application, a nonrefundable fee as specified in the adopted fee resolution shall be paid to defray, in part, the costs of investigation and report required by this chapter. A copy of the receipt shall accompany the application.

(2) Permit fees required under this chapter shall be in addition to any license, permit or fee required under any other provision of this Code.

(3) The application for permit does not authorize the applicant to practice massage. No work is authorized until such permit has been granted.

(4) Each applicant for a massage technician permit shall submit the following information:

(a) Truthful and honest answers to each and every inquiry, of Section 5.48.220(5) hereof;

(b) Acceptable written proof that the applicant is at least 18 years of age.

(5) The applicant must furnish proof of passage of the independently prepared and administered national examination through the National Certification Board for Therapeutic Massage and Bodywork (NCTMB), together with current recertifications in accordance with NCTMB requirements, a diploma or certificate of graduation from either a 300-hour resident course of instruction or 300 hours of cumulative education consisting of no less than 200-hour resident course, and 100 additional hours of resident instruction from a recognized school of massage as defined in Section 5.48.100(10) hereof, or form an existing school or institution of learning outside the State of California, together with 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 Article 3 of SubChapter 3 of Chapter 212 of 1 of Title 5 of the California Code of Regulations, wherein the theory, method, profession and work of massage is taught, and a copy of the school’s approval by the State Board of Education.

Alternatively, three provisions of this Subchapter may be satisfied by the applicant receiving 200 hours of resident instruction and having membership, or the ability to obtain membership, in a qualified massage association,

(6) The massage business’s full name, address and telephone number where the massage technician will be employed at a fixed place of business. In the event the applicant seeks to conduct out call massage services not listed in the original application, an additional application and fee must be submitted.

(7) Such other identification and relevant information as the City may require in order to discover the truth of the matters herein specified as required to be set forth in the application.

(8) Two current full face, portrait photographs of the applicant, two inches by two inches in size.

(9) The City may require the applicant to furnish fingerprints when needed for the purpose of establishing identification. Any required fingerprinting fees will be the responsibility of the applicant.

(10) A certificate from a medical doctor licensed to practice in the State of California stating that the applicant has, within 30 days immediately preceding the date of application, been examined and found to be free of any contagious or communicable disease.

(11) Authorization for the City of Norco, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application shall be required.

(12) Authorization to the City for 120 days in which to investigate the application and background of the applicant. Upon termination of the investigation, the City shall approve or deny said application in writing.

(13) The City, upon completion of the investigation, shall grant the permit if it is found in accordance with all established criteria and requirements. A card will be issued by the Riverside County Sheriff’s Department indicating approval, and

(a) The applicant has furnished an acceptable diploma or certificate of graduation from a recognized school, or

(b) The applicant has furnished written proof from a recognized school that the minimum number of hours of instruction have been completed.

(14) If the City, following investigation of the application, determines that the applicant does not fulfill the requirements as set forth in this chapter, the City shall deny said application by dated, written notice forwarded to the applicant’s address set forth in the application by U.S. mail, with a proof of service attached. A new application may not be filed for at least 60 days after such denial. Any applicant for a permit who is refused a permit by the City may appeal the denial. (Ord. 1068 Sec. 1, 2021; Ord. 723, 1997)

5.48.330 Massage Technician Examining Panel.

The Massage Examining Panel is established and shall consist of three members, appointed by the City Manager or designee, who are qualified by reason of education and experience concerning the methods and procedure used in the practices of massage. The City Manager in consultation with the Panel members shall develop and establish standards and procedures for the Panel governing the administration or examination for applicants for a massage technician license in order to determine whether such applicants are competent to engage in the practice of massage, and the City Manager shall exercise such supervision as may be necessary to assure compliance therewith. (Ord. 723, 1997)

5.48.340 Massage Technicians—Renewal.

A massage technician licensed under this chapter shall file an application to renew the permit 30 days prior to the date of expiration thereof. Approval shall be contingent upon satisfactory compliance with all pertinent chapters, including a current medical clearance. A renewal fee as specified in the adopted fee resolution shall be charged to defray, in part, the cost of the renewal investigation. (Ord. 1068 Sec. 1, 2021; Ord. 723, 1997)

5.48.350 Massage Technicians Permit—Posting.

Every person to whom or for which a permit has been granted under this chapter shall display said permit in a conspicuous place in a massage parlor so that the same may be readily seen by persons entering the premises where the massage, bath or treatment is given. (Ord. 723, 1997)

5.48.360 Massage Technicians—Apparel Requirements.

Massage technicians shall be fully clothed in hygienically clean apparel while engaged in the practice of massage. As used herein, “fully clothed” shall mean the wearing of clothing which is comparable to the clothing commonly worn by nurses and physical therapists while performing their respective professional duties. (Ord. 723, 1997)

5.48.400 OUT CALL MASSAGE SERVICE

5.48.410 Out Call Massage Services—Special Endorsement Required.

It shall be unlawful for any massage business or massage technician to provide, or to offer to provide, massage at any location except at the place of business approved for a massage business hereunder; provided, however, that a massage business or massage technician may obtain a special endorsement to the permit issued thereto specifically authorizing out call massage services.

5.48.420 Out Call Massage Services Application.

Any massage business or massage technician desiring to provide out call massage services shall submit to the City, together with the required non-refundable fee therefore as established by the City Council, an application to provide out call massage services within the City of Norco. In addition to the requirements set forth herein pertaining to massage business permit or massage technician permit application, as the case may be, the applicant shall submit detailed information setting forth the manner and means of transporting, to and from the premises where out call massage services are to be performed, the clean, sanitary towels, coverings, and linens, sterilized instruments to be utilized, as well as any supplementary aids, equipment or devices to be utilized and the method(s) of disposal thereof. (Ord. 723, 1997)

5.48.430 Business Out Call Massage Services—Records.

All massage technicians authorized to perform out call massage services hereunder shall keep a written record, at the massage technician’s principal place of business, of out call massage services performed as required by Section 5.48.225(6) and shall include therein the location, by street address including suite or apartment number, where such services have been performed. (Ord. 723, 1997)

5.48.500 PROHIBITED CONDUCT, PROCEDURES, AND PENALTIES

5.48.510 Prohibited Conduct.

(1) It shall be unlawful for any massage technician to touch or massage the genital area of any patron or the breasts of any female patron or for any massage business to allow or permit such massage.

(2) It shall be unlawful for a massage technician to perform any massage services at any location other than that location specified on the massage technician permit or pursuant to a valid out call endorsement. (Ord. 723, 1997)

5.48.520 Suspension Pending Revocation.

When the grounds for revocation under this chapter are that the permute is suspected of immoral, improper, or otherwise objectionable conduct, the permit may be suspended until the revocation hearing procedure has been completed. (Ord. 723)

5.48.530 Revocation—Massage Business Permit.

The City may revoke the massage business permit of any person, firm, partnership or corporation holding the same upon receipt of satisfactory evidence that the permittee has made a material misrepresentation on the permit application, or if the permittee, or any managing responsible employee has been convicted of or entered a plea of guilty or nolo contendere to any charge of a violation of any of the provisions of this chapter.

The City may revoke, after notice and hearing, a massage business permit if, on the basis of satisfactory evidence, it is shown the permittee, any managing responsible employee, representative, or agent of the permittee or any massage technician employed by the permittee, has engaged in conduct constituting a violation of this chapter. The City shall provide the permittee with written notice of the revocation or proposed revocation by U.S. mail, with a proof of service attached, addressed to the street address of the massage business as shown on the application. (Ord. 723, 1997)

5.48.540 Revocation—Massage Technician Permit.

The City may revoke the massage technician permit of any person holding the same upon receiving satisfactory evidence that the permittee has made a material misrepresentation on the permit application or if the permittee has been convicted of or entered a plea of guilty or nolo contendere to any charge of a violation of any of the provisions of this chapter.

The City may, after notice and hearing, revoke the massage technician permit of any permittee if, on the basis of satisfactory evidence it shows that the permittee has engages in conduct constituting a violation of this chapter. The City shall provide the permittee with written notice of the revocation by map, with a proof of service attached, addressed to the permittee at the address of recorded shown on the massage technician permit application. (Ord. 723, 1997)

5.48.550 Permit Denial/Revocation Appeal Procedure.

(1) The applicant or permittee, as the case may be, within 10 business days after receipt of denial of an application for a permit, or notice or revocation, may file an appeal with the City Clerk to be taken to the City Council. In the event an appeal is filed within the 10-day time frame, a suspension of the permit shall be in effect until the final decision has been rendered by the City Council.

(2) If the applicant or permittee fails to file an appeal within the 10-day filing period provided herein, denial/revocation shall take effect immediately upon expiration of such filing period. No permit shall be revoked until after a hearing shall have been held before the City Council to determine good cause for such revocation, or the appeal filing period has lapsed. It is unlawful for any person to conduct a massage business or carry on the business of massage until the revoked permit has been reinstated by the City Council.

(3) Notice of such hearing shall be given in writing and mailed at least 10 days prior to the date of the hearing, by U.S. mail, with a proof of service attached, addressed to the address listed on the massage business application, or massage technician application, as the case may be. The notice shall state the grounds of the complaint and shall state the time and place where such hearing will be held.

(4) After said hearing, the City Council shall render a written decision within 10 business days from the date the matter is submitted for decision. The action of the City Council shall be final and conclusive. (Ord. 723, 1997)

5.48.560 Burden of Proof at Hearing.

Unless otherwise specifically provided by law, the burden is on the City in any hearing under this chapter to prove that the determination of the City which is being appealed is unreasonable, and not an abuse of discretion. (Ord. 723, 1997)