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12/12/2011 3. The massage business employs or uses only State Certified Massage Practitioners whose certifications are valid and current and that owners of the State Certificates are the same persons to whom CAMTC issued valid and current identification cards. 4. That the applicant has not made a material misrepresentation in this application or with respect to any other document or information required by the City with respect to this application or for an application for a City massage permit under applicable law within the last five (5) years. 5. That the background check for any applicant/owner authorized by this chapter shows that such person has not been required to register under the provisions of Section 290 of the California Penal Code; within five (5) years preceding the application had a conviction in court of competent jurisdiction for any of the crimes identified in Section 18A.5A.1(d)(6)(ii-vii)) herein; has not had an individual or business permit or license with any agency, board, city, county, territory, or state, denied, revoked, restricted, or suspended within the last five (5) years; and has not been subject to an injunction for nuisance under Penal Code Section 11225-11235 within the last five (5) years. Sec. 18A.7. REGISTRATION FEE. A registration fee, if any, shall be set by resolution of the City Council and shall be required only for background check for those applicants/owners of a Certified Massage Business who are not State Certified and own five (5) percent or more of the Certified Massage Business. A registration fee shall not be charged to State Certified Practitioners or State Certified owners/applicants. Sec. 18A.8. BUSINESS LICENSE All persons shall obtain a business license where required by the City's business license provisions. The issuance of a Certificate of Registration (individual or business) is a condition precedent to the granting of such a business license. Upon the issuance of a Certificate of Registration pursuant to this chapter, the applicant shall apply for and furnish the information necessary to obtain a business license as required by the provisions of this code. No business license shall be issued until the Certificate of Registration has been issued and the business license fee, as provided in this code, has been paid. The business license fee shall be commensurate with the business license fee charged to other professionals as established by this code. Sec. 18A.9. EXEMPTIONS FROM REQUIREMENT FOR CERTIFICATE OF REGISTRATION -- BUSINESS The provisions of this chapter shall not apply to the following classes of persons or businesses while engaged in the performance of their duties: 10 ATTY/ORD.359/MASSAGE ORD.#2372 102811 MUFF#305