§ 14-656. Employee work permits required.

(a)

Massage/spa establishment work permit required. It shall be unlawful for any person to be an "employee," as defined in this article, of a massage establishment or a spa establishment in the city without a valid massage/spa establishment work permit, except that a person who holds a valid massage/spa establishment license, satisfies the criteria of subsection 14-653(b)(1), or who is listed in response to subsections 14-654(b)(7)a. through c. in relation to a valid massage/spa establishment license shall not be required to also obtain a massage/spa establishment work permit to be an "employee" at that particular licensed establishment. A person who works at more than one establishment shall obtain a separate work permit for each establishment. No applicant for a massage/spa establishment work permit shall work at a massage establishment or a spa establishment in the city until the applicant receives, and the establishment posts, the employee's work permit as required by this article. A receipt issued by the city is not a valid massage/spa establishment work permit and does not authorize the person to work in a massage establishment or spa establishment.

(b)

Application. An applicant for a massage/spa establishment work permit shall file in person at the police department, a completed application made on a form provided by the chief of police. The application must be signed and notarized. Applicants shall make themselves available for photographing. An application shall be considered complete when it contains the information and/or items required in this subsection (b), accompanied by the work permit fee:

(1)

The applicant's full legal name and any other names used by the applicant in the preceding five years.

(2)

Current business address or another mailing address for the applicant.

(3)

Photo I.D. with date of birth, in the form of a valid Georgia Secure Driver's License or other photo identification accepted by the police department.

(4)

A signed and sworn affidavit verifying the applicant's lawful presence in the United States as required by O.C.G.A. § 50-36-1.

(5)

The name and address of the massage establishment or spa establishment for which the applicant seeks to obtain the work permit.

(6)

A statement of whether the applicant has been an owner, director, officer, partner, member, or shareholder of a massage establishment or spa establishment that has (at a time during which the person was so related to the establishment):

a.

Been declared by a court of law to be a nuisance;

b.

Had its license to operate a massage establishment or a spa establishment revoked;

c.

Engaged in or allowed possession, use, or sale of controlled substances on the premises of the establishment;

d.

Engaged in or allowed sodomy, aggravated sodomy, public indecency, prostitution, pimping, pandering, pandering by compulsion, masturbation for hire, or disorderly conduct to occur in or on the premises of the establishment;

e.

Knowingly allowed a person under the age of 21 years to consume alcohol on the premises of the establishment; or

f.

Has allowed, been convicted of, or plead guilty or entered a plea of nolo contendere to one or more violations of this article within a 12-month period.

(7)

A statement of whether the applicant has been arrested for, convicted of, or pleaded guilty or entered a plea of nolo contendere to a specified criminal activity as defined in this article, and if so, each specified criminal activity involved, including the date, place, and jurisdiction of each such arrest and/or conviction.

(8)

As a prerequisite to the issuance of any massage/spa establishment work permit, the applicant shall furnish a complete set of fingerprints to be forwarded to the Georgia Bureau of Investigation and to the Federal Bureau of Investigation, as specified under Georgia law. Once an application, accompanying documents, and the required investigative and license fees are filed with the police department, the police department shall conduct a criminal investigation of the applicant and prepare a written criminal investigation report detailing all information relating to fingerprinting, criminal history, arrest data, and other matters pertinent to law enforcement. Upon receipt of the fingerprints and the appropriate fees, the police department will transmit both sets of fingerprints and appropriate fees to the Georgia Bureau of Investigation. The Georgia Bureau of Investigation will compare the subject's fingerprints against its criminal file and, if necessary, submit the fingerprints to the Federal Bureau of Investigation for a comparison with nationwide records. The results of the Federal Bureau of Investigation check will be returned to the Georgia Bureau of Investigation, which will disseminate the state and national results to the police department. Upon completion of the criminal investigation report, the police department shall assemble the tendered application forms and accompanying documents relating to investigation and processing of the application.

(c)

The information provided pursuant to subsection (b) shall be supplemented in writing by certified mail, return receipt requested, to the police department within ten working days of a change of circumstances which would render the information originally submitted false or incomplete.

(d)

The information provided by an applicant about an application for a work permit under this article shall be maintained on a confidential basis, and such information may be disclosed to the public only as required under governing law. Any information protected by the right to privacy as recognized by state or federal law shall be redacted prior to any required disclosure under the Georgia Open Records Act or other applicable law.

(e)

Issuance of work permit. Upon the filing of a completed massage/spa establishment work permit application, the chief of police shall cause to be conducted a criminal background investigation of the applicant. Within 15 days of the filing of a completed massage/spa establishment work permit application, the chief of police or his or her designee shall either issue a work permit to the applicant or issue a written notice of denial of the work permit to the applicant. The chief of police or his or her designee shall issue the work permit unless:

(1)

The applicant is less than 18 years of age.

(2)

The applicant has failed to provide information required by this article for issuance of a work permit or has falsely answered a question or request for information on the application form.

(3)

The work permit fee required by this article has not been paid.

(4)

The establishment for which the applicant seeks a work permit does not have a valid massage/spa establishment license from the City.

(5)

The applicant has been an owner, director, officer, partner, member, or shareholder of a massage establishment or spa establishment that has (at a time during which the person was so related to the establishment):

a.

Been declared by a court of law to be a nuisance;

b.

Had its license to operate a massage establishment or a spa establishment revoked;

c.

Engaged in or allowed possession, use, or sale of controlled substances on the premises of the establishment; or

d.

Engaged in or allowed sodomy, aggravated sodomy, public indecency, prostitution, pimping, pandering, pandering by compulsion, masturbation for hire, or disorderly conduct to occur in or on the premises of the establishment;

e.

Knowingly allowed a person under the age of 21 years to consume alcohol on the premises of the establishment; or

f.

Has allowed, been convicted of, or plead guilty or entered a plea of nolo contendere to one or more violations of this article within a 12-month period.

(6)

The applicant has been convicted of, or pleaded guilty or entered a plea of nolo contendere to, a specified criminal activity, as defined in this article.

(f)

The work permit, if issued, will be valid for a period of one year from the date it is issued. Replacement and additional work permit(s) shall be issued upon payment of one-half of the fee charged for a work permit and will expire the same date as the then-current work permit. A massage establishment or spa establishment employee shall provide the employee's work permit to the establishment for which it was issued to be posted on the premises pursuant to this article.

(g)

It shall be unlawful for an employee whose work permit has been revoked to refuse to return the work permit to the police department or to alter, conceal, deface, or destroy the work permit.

(h)

The work permit fee for a massage/spa establishment work permit shall be set by resolution of the mayor and council and shall remain in effect until modified or amended by subsequent resolution adopted by the mayor and council.

( Ord. of 3-20-2018, § 1(Exh. A) )