A. A massage permit validly issued pursuant to this Chapter shall be subject to suspension or revocation for the following reasons:
1. The permittee, any of its employees, or massage therapists working for permittee as independent contractors engages in any of the prohibited activities described in Section 5.60.360;
2. The permittee, any of its employees, or massage therapists working for permittee as independent contractors are convicted of any of the following: (a) pandering as set forth in Penal Code Section 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(a) or (b);
3. The permittee, any of its employees, or massage therapists working for permittee as independent contractors are 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);
4. The permittee, any of its employees, or massage therapists working for permittee as independent contractors are required to register as a sex offender as set forth in Penal Code Section 290;
5. The permittee, any of its employees, or massage therapists working for permittee as independent contractors are 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;
6. The permittee, any of its employees, or massage therapists working for permittee as independent contractors are 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;
7. The permittee fails to provide Information pursuant to Section 5.60.150;
8. A certified statement from the real property owner is received by the City indicating that the permittee is not authorized to operate, run or manage a massage establishment on the subject premises;
9. The actual physical configuration of the premises does not conform with the sketch or diagram submitted with the approved application;
10. It is discovered by the City Manager that information contained in the approved application was false;
11. The permittee has knowledge that a client has contracted a communicable disease such as tuberculosis or a sexually transmitted disease from the permittee, any of permittee's employees, or any massage therapists working for permittee as an independent contractor through physical contact with the permittee or permittee’s employees during the course of providing massage therapy services pursuant to a massage therapy permit;
12. The permittee, any of permittee’s employees or any massage therapists working for permittee as an independent contractor refuse to permit representatives of the City, including, but not limited to police department, community development/planning department, building and safety division, fire department, health department and divisions thereof, to inspect the premises of a massage establishment pursuant to Section 5.60.200;
13. The permittee fails to comply with the following provisions:
a. The exterior lighting requirements set forth in Section 5.60.180,
b. The exterior signage requirements set forth in Section 5.60.190,
c. The exterior view requirements set forth in Section 5.60.200,
d. The posting requirements set forth in Section 5.60.210,
e. The reception area requirements set forth in Section 5.60.220,
f. The massage therapy room requirements set forth in Section 5.60.230,
j. The shower, bath and toilet requirements set forth in Section 5.60.300,
k. The sanitary conditions requirements set forth in Section 5.60.310, and/or
I. The loudspeaker or sound equipment requirements set forth in Section 5.60.320.
B. Revocation or suspension of any permit validly issued pursuant to this Chapter shall be accomplished pursuant to the procedures set forth in this Code, applicable ordinance(s) of the City, and State law.
[Ord. 462, Section 3, 5/9/07.]