(A) The Police Department shall issue or deny the application for a massage establishment registration within sixty (60) days of a completed application. When necessary, the Police Department may extend the time to issue or deny the application.
(B) In addition to any other section of this chapter, the Police Department shall deny a registration if any of the following circumstances exist:
(1) The application is incomplete and/or required supplementary material is not submitted within thirty (30) days of the date the material is requested;
(2) The applicant has previously had a massage establishment registration or any similar license, certificate, or registration revoked by the city or any public agency during the seven (7) years preceding the date of the application;
(3) The applicant has made a material misrepresentation in the application or supplementary material submitted with the application;
(4) The applicant has been successfully prosecuted under the Red Light Abatement Act (Cal. Penal Code §§ 11225, et seq.) or any similar law in another jurisdiction during the seven (7) years preceding the date of the application; or
(5) The applicant has been convicted of conduct that requires registration under Cal. Penal Code, § 290; conduct which is in violation of Cal. Penal Code §§ 220, 245.3, 261, 264.1, 266(e), 266(h), 266(i), 314, 315, 316, 318, 345.5, 647(a), 647(b), 647(d), 653.22, or 653.23; any other crime involving dishonesty, fraud, deceit, violence, or moral turpitude; conspiracy or attempt to commit any of the aforementioned designated offenses; convictions to a charge of a violation of Cal. Penal Code §§ 415 and 602, or any lesser included or related offense, in satisfaction of, or as 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 therapy; convictions that have been expunged and convictions under the laws of other jurisdictions that proscribe the same or similar conduct as the previously listed crimes; or conviction of Cal. Health and Safety Code § 11550 or any offense involving the illegal sale, distribution, or possession of a controlled substance specified in Cal. Health and Safety Code §§ 11054, 11055, 11056, 11057, or 11058 during the seven (7) years preceding the date of the application.
(C) If prosecution is pending against the applicant for any conduct listed in division (B) of this section, the Police Department may postpone the decision on the application until the final resolution of the prosecution is reached. As used in this chapter, prosecution means charges filed by the District Attorney, administrative proceedings brought by a local government or agency, or a civil action maintained by the City Attorney.
(D) The Police Department may postpone a decision on license or registration application until the city receives the applicant's fingerprint review results from the Department of Justice.
(E) The Police Department shall give written notice of the grounds for denial to the applicant personally or by first class mail, postage prepaid, at the address provided on the application. The notice shall advise the applicant of the right to request a hearing as provided in this chapter.
(Ord. 2152-C-S, passed 9-11-18)