A. An application for a massage therapy establishment permit shall be made on a form provided by the City.
B. The following information and the following documents must be submitted with all applications for massage therapy establishment permits:
1. If the applicant is:
a. An individual, the applicant shall provide his/her legal name, any aliases, and date of birth,
b. A partnership, the applicant shall provide the complete name of the partnership, the legal names of all the general partners, any aliases, and dates of birth,
c. A corporation, the applicant shall provide the complete name of the corporation, the legal names and any aliases, dates of birth and capacity of all officers;
2. The name of the business;
3. The name of the prospective on-site manager, if different from the applicant;
4. The location of the proposed massage therapy establishment, including a legal description of the property, street address, and telephone number(s) currently in service;
5. The applicant’s home and/or business address and the home and/or business address of the prospective on-site manager if other than the applicant;
6. A recent photograph of the applicant and the prospective on-site manager if other than the applicant;
7. Driver’s license number or identification number of the applicant and the prospective on-site manager if other than the applicant;
8. The applicant’s and the prospective on-site manager’s, if other than the applicant, fingerprints taken by the police department or other law enforcement agency within the previous sixty (60) days, and approved by the Chief of Police;
9. The applicant’s and the prospective on-site manager’s, if other than the applicant, Social Security numbers and/or State or Federally issued tax identification number;
10. The previous addresses of applicant and the prospective on-site manager, if other than the applicant for the ten (10) years prior to the date of the application and the dates of residency at each such address;
11. The names, addresses and descriptions of all current and former businesses owned, operated or managed by applicant and prospective on-site manager, if other than the applicant for the ten (10) years prior to the date of the application and the dates the applicant and the prospective on-site manager owned, operated or managed such business;
12. If the application is for a stand alone massage therapy establishment, a sealed certified transcript and a certified copy of the applicant’s or prospective on-site manager’s (if other than applicant) diploma or certificate of graduation from a recognized school of massage verifying that the applicant has completed at least six hundred (600) hours of massage therapy training;
13. A list of all of applicant’s and prospective on-site manager’s, if other than the applicant convictions, excluding traffic violations;
14. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, that provides that the declarant has 266(i), (b) keeping or residing in a house of ill-fame as set forth in Penal Code Section 315, (c) keeping a disorderly house as set forth in Penal Code Section 316, (d) prevailing upon a person to visit a place of illegal gambling or prostitution as set forth in Penal Code Section 318, (e) lewd conduct as set forth in Penal Code Section 647(a), or (f) prostitution activities as set forth in Penal Code Section 647(b);
15. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, that provides that the declarant has not been convicted in any other state of any offense which, if committed or attempted in this state, would have been punishable as one or more of the offenses set forth in Penal Code Sections 266(i), 315, 316, 318 or 647(a) or (b);
16. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, that provides that the declarant is not required to register as a sex offender as set forth in Penal Code Section 290;
17. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, that provides that the declarant has not been convicted of any felony offense involving the sale of any controlled substance specified in Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058;
18. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, that provides that the declarant has not been convicted in any other state of any offense which, if committed or attempted in this state, would have been punishable as a felony offense involving the sale of any controlled substance specified in Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058;
19. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, regarding whether the declarant has had a previous massage therapy establishment permit, an outcall massage therapist permit, a personal massage therapist permit or any other massage permit issued pursuant to this Chapter or any other similar massage permit ordinance of the City or other jurisdiction, which was denied, suspended or revoked; and if any such denial, suspension or revocation occurred, the declarant shall provide the name and location of the massage establishment for which the license or permit was denied, suspended or revoked, the date of the denial, suspension or revocation, and the reason or reasons for the denial, suspension or revocation;
20. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, regarding whether the declarant has been a sole proprietor, general partner, officer, or director of any massage establishment or other massage business that has had a previous massage establishment permit or other massage permit issued pursuant to this Chapter or any other similar massage ordinance of the City or other jurisdiction which was denied, suspended or revoked and if any such denial, suspension or revocation occurred, the declarant shall provide the name and location of the massage establishment or business for which the permit was denied, suspended or revoked, the date of the denial, suspension or revocation, and the reason or reasons for the denial, suspension or revocation;
21. A certified statement from the real property owner authorizing the proposed use of the premises as a massage establishment; and
22. A sketch or diagram showing the configuration of the premises of the massage establishment, drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches, including a statement of total floor space occupied by the massage establishment.
C. The applicant shall provide proof of legal title or a possessory or leasehold interest in the real property upon which the proposed massage establishment will be operated.
D. The applicant and the prospective on-site manager, if other than the applicant, shall provide the police department with the current processing fee and with the authorization to conduct the necessary background investigations to determine the truthfulness and correctness of the information provided by applicant and to determine whether applicant is qualified pursuant to this Chapter to receive the requested massage therapy establishment permit.
E. The applicant and the prospective on-site manager, if other than the applicant, shall date and sign the application under penalty of perjury that the information contained in the application is true and correct.
F. The applicant shall pay an application deposit fee of two hundred dollars ($200.00) at the time of filing an application pursuant to this Section, to pay for the administrative costs associated with the Community Development Department’s review of the application. If additional funds are necessary to cover the above costs, the applicant shall pay such additional costs to the city before further processing of the application may proceed. Any unused portion of the deposit shall be refunded to the applicant.
[Ord. 462, Section 3, 5/9/07.]