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10A Action 2016 0620
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10A Action 2016 0620
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6/14/2016 4:05:34 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/20/2016
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_CC Agenda 2016 0620 CS + RG
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general or limited partnership that owns a massage establishment; any person who has ten <br />percent or greater ownership interest in a corporation that owns a massage establishment; any <br />person who is a member of a limited liability company that owns a massage establishment; and <br />all owners of any other type of business entity that owns a massage establishment. <br />(j) “Patron” means an individual not retained or employed by the massage <br />establishment, who is receiving, waiting to receive, or that has just received massage services, <br />but excludes law enforcement personnel or governmental officials performing governmental <br />business. <br />(k) “Permit Administrator” means the City employee designated by the City Manager <br />to oversee the implementation and enforcement of this Chapter. <br />(l) “Permittee” means the holder of an operator permit. <br />(m) “Person” means all domestic and foreign individuals, corporations, associations, <br />syndicates, partnerships, firms, joint ventures, limited liability companies, or combination of <br />individuals. <br />(n) “Sole proprietorship” means a business where the owner is the only person <br />employed by that business to provide massage. <br />(o) “Visitor” means a person not retained or employed by the massage establishment <br />and not receiving, waiting to receive, or that has just received massage services, but excludes law <br />enforcement personnel or governmental officials performing governmental business. <br />Article 3. Permit and Certifications <br />4-23-300 Certification by CAMTC required for technicians. <br />It is unlawful for any person to practice massage within the City unless that person is a <br />certified massage technician. Massage establishment owners shall ensure that all employed <br />massage technicians are certified massage technicians. Non-certified massage technicians shall <br />be permitted to practice massage pursuant to a valid masseur or masseuse permit issued by the <br />City of San Leandro until December 1, 2016. Such non-certified massage technicians may be <br />employed by massage establishments. <br />The Permit Administrator shall revoke a City-issued masseur or masseuse permit if he or <br />she finds: <br />(a) That any information contained in or submitted with the application for the <br />permit is not true; or <br />(b) That the applicant has been convicted of any of the following offenses or <br />convicted of an offense without the State of California that would have constituted any of the <br />following offenses if committed within the State of California: <br />(1) An offense involving conduct which requires registration pursuant to Section 290 <br />of the Penal Code; <br />(2) An offense involving the use of force and violence upon the person of another that <br />amounts to a felony; <br />(3) An offense involving sexual misconduct with children; <br />(4) An offense as defined in Section 315, 316, 318, 647(b) or 647b of the Penal Code <br />of the State of California. <br />(c) Notice of revocation of the permit shall be given in writing to the masseur or <br />masseuse by the Permit Administrator. The masseur or masseuse shall cease all operations under <br />the permit within forty-eight (48) hours of delivery of said notice, unless a notice of appeal is <br />filed consistent with the procedures provided in Section 4-23-315(d) of this Chapter.
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