Sec. 22-306. - Work permits required.
(a) A work permit shall be required for any and all (i) on-premises owners, managers or supervisors who are in charge of managing the massage establishment as required by subsection 22-307(c) and who do not otherwise hold a license issued hereunder, and (ii) massage therapists not possessing a state-issued massage therapist's license who desire to engage in the business, trade or profession of massage therapy or manage a massage and/or spa establishment. A work permit does not authorize an individual to perform any activity requiring state licensure.
(b) Massage therapists who hold a current and valid massage therapist license issued by the state do not have to obtain a work permit, but shall provide a copy of their state license to the city and post their state license in a conspicuous place in the licensed establishment at all times while the license remains valid.
(c) No licensee shall employ any person required to have any state mandated licenses or work permit pursuant to this section until such person has procured such license or permit. For new employees, a receipt issued by the city manager or designee may be used for a maximum of 30 days from the date of its issue. Licensees and all managers and/or supervisors of any massage or spa establishment are required by this chapter to inspect and verify that each employee, required to have a valid state license or city work permit, has in his/her possession the required license or permit at all times, and failure to do so shall be a violation of this article.
(d) Any person required to obtain a work permit shall apply to the city manager or designee for such permit. A separate work permit per individual is required for employment at each establishment within the city. The permit will be valid for a period of one year from the date in which the application is received by the city and shall be renewed on or before its expiration. Persons applying for the permit shall make themselves available for photographing and such other investigation as may be required by the city. The nonrefundable fee for a work permit shall be set by resolution of the city council and shall remain in effect until modified or amended by subsequent resolution adopted by the city council. Replacement of lost permit(s) shall be issued upon payment of one-half of the fee(s) charged for work permits.
(e) The city manager or designee may suspend or revoke an employee's work permit, following notice and hearing pursuant to this article, and demand its return where the employee violates the provisions of this chapter, any state law or applicable local ordinance.
(f) It shall be unlawful for an employee whose work permit has been suspended or revoked to refuse to return the work permit to the city manager or designee or to alter, conceal, deface, or destroy the work permit.
(g) An applicant for a work permit shall not have been convicted within the five years preceding his/her application of any federal, state or local law involving crimes set forth in subsection 22-304(c). A guilty plea, plea of nolo contendere or the forfeiture of a bond shall be considered a conviction for purposes of this subsection. Sentencing as first offender status shall not be considered as a conviction if the sentence was successfully completed without any violation of probation and with no adjudication of guilt ever being entered.
(h) A new search may be conducted on any person issued a work permit if the city manager or designee receives information which warrants such a new search. If the new search reveals evidence that warrants revocation of the card, the card may be revoked following notice and a hearing.
(i) When the city manager intends to deny or revoke any work permit, the city manager or designee shall issue to the applicant or permit holder a letter setting forth the reasons for denial or revocation, and, in the case of a revocation, the letter shall notify the applicant of his or her right to an administrative hearing before the city manager or designee, which hearing shall be held in accordance with section 22-310. The decision of the city manager or designee shall be final unless the applicant or permit holder files a notice of appeal to the city manager within 30 days of receiving written notice of said decision. Appeals to the decision set forth by the city manager or designee shall be heard by the city council or designated hearing officer in accordance with section 22-310. Appeals of the city manager or designee's decision to deny the permit shall be directly to the city council or designated hearing officer. Following a hearing by city council, or designated hearing officer, the applicant shall have a right of review of any denial by filing a petition for writ of certiorari to the county superior court within 30 days of the denial.
The Annual Work Permit Fee is $100.
The Investigative Fee is $50.