5.44.040 MASSAGE BUSINESS REGISTRATION.

(a) Application. The registration application for a City registration certificate shall include all of the following:

(1) Legal name of the massage business.

(2) Address and telephone number of the massage business.

(3) Legal names of all owners of the massage business.

(4) A list of all of the massage business's employees and independent contractors who are performing massage and their CAMTC certification.

(5) Residence address and telephone number of all owners of the massage business.

(6) Business address and telephone number of all owners of the massage business.

(7) The form of business under which the massage business will be operating (i.e. corporation, general or limited partnership, limited liability company, or other form).

(8) Each owner operator of the massage business who is not a CAMTC-certified massage practitioner shall submit an application for a background check, including the following: the individual's business, occupation, and employment history for the five years preceding the date of the application; the inclusive dates of such employment history; the name and address of any massage business or similar business owned or operated by the individual whether inside or outside the County of San Mateo and its incorporated cities.

(9) For all owners, a valid and current driver's license and/or identification issued by a state or federal governmental agency or other photographic identification bearing a bona fide seal by a foreign government.

(10) For all owners, a signed statement that all of the information contained in the application is true and correct; that all owners shall be responsible for the conduct of the business's employees or independent contractors providing massage services; and acknowledging that failure to comply with the California Business and Professions Code Sections 4600 et seq., and local, state, or federal law, or the provisions of this chapter may result in revocation of the business's City registration certificate.

(b) Issuance. Upon provision by the massage business of the foregoing documentation, the Chief of Police shall issue the massage business a City registration certificate, which shall be valid for two years from the date of issuance. No reapplication will be accepted within one year after an application or renewal is denied or a certificate is revoked. City registration certificates shall not be issued to a massage business seeking to operate at a particular location if:

(1) Another massage business is or was operating at that particular location and that massage business is currently serving a suspension or revocation pursuant to Section 5.44.110, during the pendency of the suspension or one year following revocation;

(2) Another massage business is or was operating at that particular location and that massage business has received a notice of suspension, revocation, or fine issued pursuant to Sections 5.44.100 and 5.44.110, during the 10-day period following receipt of the notice or while any appeal of a suspension, revocation or fine is pending.

(3) Another massage business is or was operating at that particular location and that massage business has outstanding fines issued pursuant to Section 5.44.100 that have not been paid.

(c) Amendment. A massage business shall apply to the City to amend its City registration certificate within 30 days after any change in the registration information, including, but not limited to, the hiring or termination of certified massage practitioners, the change of the business's address, or changes in the owner's addresses and/or telephone numbers.

(d) Renewal. A massage business shall apply to the City to renew its City registration certificate at least 30 days prior to the expiration of said City registration certificate. If an application for renewal of a City registration certificate and all required information is not timely received and the certificate expires, no right or privilege to provide massage shall exist.

(e) Fees. There shall be no fee for the registration application or certificate, or any amendment or renewal thereof. The provisions of this section shall not prevent the City from establishing fees for safety inspections as may be conducted from time to time by the Chief of Police, and for the background checks, fingerprinting, and subsequent arrest notification for owners of a massage business who are not CAMTC-certified and who are subject to such background checks pursuant to this chapter. There are certain fees for appeals as described below.

(f) Transfer. A City registration certificate shall not be transferred except with the prior written approval of the Chief of Police. A written request for such transfer shall contain the same information for the new ownership as is required for applications for registration pursuant to this section. In the event of denial, notification of the denial and reasons therefor shall be provided in writing and shall be provided to the applicant by personal delivery or by registered or certified mail. A City registration certificate may not be transferred during any period of suspension or one year following revocation pursuant to Section 5.44.110, during the 10-day period following a massage business's receipt of a notice of suspension, revocation or fine issued pursuant to Sections 5.44.100 and 5.44.110 or while any appeal of a suspension, revocation or fine is pending. Further, a City registration certificate may not be transferred until all outstanding fines issued pursuant to Section 5.44.100 have been paid.