§ 9-333. Massage establishment permit—Issuance or denial

(a) Upon receipt of a completed massage establishment permit application, the chief of police shall conduct an investigation to ascertain whether a permit should be issued as requested. The chief of police shall, within sixty (60) calendar days of receipt of the completed application, approve, conditionally approve or deny the application. The sixty-day period may be extended for up to thirty (30) additional calendar days, if necessary, to complete the investigation. The chief of police at that time may issue such permit as requested, unless he/she makes any of the following findings:

(1) The applicant, or any of the officers or directors of the corporation, a partner or any person directly engaged or employed in the massage establishment, has within eight (8) years preceding the date of the application:

a. Been convicted of a violation of any provision of law pursuant to which a person is required to register under the provisions of Penal Code Section 290, or conduct in violation of California Penal Code Sections 266h, 266i, 314, 315, 316, 318, subsections (a), (b) or (d) of Penal Code Section 647, or convicted of an attempt to commit or conspiracy to commit any of the above mentioned offenses, or any other crime involving dishonesty, fraud, deceit, or moral turpitude or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of California Penal Code Sections 415, 602 or any lesser included or related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes, or any crime committed while engaged in the ownership of a massage establishment or the practice of massage.

b. Been convicted of a violation of Health and Safety Code Section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code Section 11054, 11055, 11056, 11057 or 11058.

c. Been convicted of any offense in any other state or U.S. territory, which is the equivalent of any of the abovementioned offenses.

d. Been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Sections 11225 through 11235 of the California Penal Code, or any similar provisions of law in a jurisdiction outside the State of California.

e. Committed an act in another jurisdiction which, if committed in this state, would have been a violation of law and, which, if done by a permittee under this article, would be grounds for denial, suspension or revocation of the permit.

f. Has had a massage establishment permit or massage therapist/practitioner permit or other similar license or permit denied, suspended or revoked for cause by the city, any state, local agency or other licensing authority, or has had to surrender a permit or license as a result of pending criminal charges or in lieu of said permit or license being suspended or revoked.

(2) The owner has made a false, misleading or fraudulent statement or omission of fact to the city in the permit application process.

(3) The application does not contain all of the information required by section 9-332

(4) The owner is not at least eighteen (18) years of age.

(5) The massage establishment, as proposed, does not comply with all applicable laws, including, but not limited to, health, zoning, fire, building and safety requirements and standards.

(6) The applicant failed to obtain all the necessary approvals from the affected department or agency, including but not limited to, the city's development services department.

(7) The required fee(s) has not been paid and/or all other requirements of this article have not been satisfied within the time specified.

(b) If the application is denied for failure to comply with subsection (a)(2) or (3) of this section, the applicant may not reapply for a period of one (1) year from the date the application was denied.

(c) If the chief of police, upon completion of the investigation, determines that the applicant does not fulfill the requirements set forth in this article, the chief of police shall deny the application by dated written notice to the applicant. The applicant shall have the right of appeal as set forth in section 9-344

((Ord. No. 11-7, § 1, 7-19-11 )