Title 5 BUSINESS TAXES, LICENSES AND REGULATIONS
Chapter 5.37 MASSAGE-ORIENTED ESTABLISHMENTS
5.37.080 Application for massage technician permit.
A. Any application for a permit to act as a massage technician shall be
made to the city manager or his designated representative. The application fee
required by Section 5.37.070 shall be paid when the application is
filed.
B. The application for permit does not authorize acting as a massage
technician until such permit has been granted.
C. Each applicant for a
massage technician permit shall furnish all the information required by
subsections C1 to C9 of Section 5.37.050 and in addition to the requirements of
this chapter, any applicant shall furnish the following
information:
1. A certificate from a medical doctor licensed to practice
in the State of California stating that the applicant has within thirty days
immediately preceding the date of application been examined and found to be free
of any contagious or communicable disease of a type which could be transferred
as a result of performing the massage service.
2. A diploma or certificate
of graduation from a recognized school of massage, as that term is defined in
Section 5.37.020. The above notwithstanding, any individual performing that
element of massage referred to as "acupressure" can perform acupressure without
the aforementioned diploma if such person is licensed by the State of California
as a physical therapist, physician or acupuncturist.
3. Such other
identification and information as the police department may require in order to
discover the truth of matters hereinbefore specified as required to be set forth
in the application.
4. The city manager shall require the applicant to
furnish fingerprints for the purpose of establishing identification.
5. In
addition to the requirements listed above, each applicant for a massage
technician permit must demonstrate that they have qualified for, taken and
passed the National Certification Examination for Therapeutic Massage and
Bodywork (NCETMB) given by the National Certification Board for Therapeutic
Massage and Bodywork (NCBTMB) and passed a written examination given by the city
dealing with the requirements of this chapter. A score of seventy percent or
better is required on the examination given by the city dealing with the
requirements of this chapter and a passing grade is required on the NCETMB as
determined by the NCBTMB. An applicant who fails the city examination shall not
be eligible to take another examination until sixty days after the previous
examination. An applicant who fails to pass upon a second attempt shall not
again be eligible to take another examination until six months thereafter. An
applicant taking the NCETMB shall be subject to the rules of the NCBTMB
associated with the taking of the examination. Any person wishing to take the
city examination shall pay the fee established by resolution of the city
council. This fee shall be paid each time the individual takes the
examination.
The city examination shall be given in the English language. In
the event the applicant requires that the examination be given in another
language, the applicant must, on their own, make arrangements with a court
certified interpreter to interpret the examination required by this section.
Proof of court certification must be provided to the city manager prior to
administration of the examination.
D. The city manager shall have forty-five
days in which to investigate the application and background of the
applicant.
E. The city manager, after having completed the aforementioned
investigation shall, within fifteen working days, either grant the permit or
mail written notification of his reasons for denial thereof. If he takes neither
action above, the permit shall be deemed issued. If, after ninety days from the
date on which the application was submitted, the Los Angeles County sheriff's
office has not yet received a fingerprint report from the Department of Justice,
and if all other requirements for the issuance of a license have been satisfied,
the city manager shall issue a temporary permit pending the results of the
fingerprint report. This temporary permit shall be converted into a standard
permit only if the report from the sheriff indicates that the applicant has not
violated any of the provisions referenced in Section 5.37.050 subsection E5,
otherwise, the temporary permit shall be null and void. The city manager shall
only grant the permit if he finds in accordance with subsections E1 through E6
and E8 of Section 5.37.050 and in addition finds:
1. The applicant has
furnished an acceptable medical certificate in compliance with Section
5.37.080C1.
2. The applicant has furnished an acceptable diploma or
certificate of graduation from a recognized school of massage, as such term is
defined in Section 5.37.020. (Ord. 817-97 § 2; Ord. 802-96 § 2
(part))
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