§ 118.04 OPERATOR’S PERMIT: APPLICATIONS.
   (A)   Any person desiring to obtain a permit to operate and/or manage a massage establishment shall submit a written application under penalty of perjury on the required form to the Chief of Police who shall conduct an investigation. The application shall be accompanied by a non-refundable filing fee established by separate resolution of the City Council to help defray the cost of the investigation required by this chapter.
   (B)   The application shall be completed and signed by the owner of the proposed massage establishment if a sole proprietorship or if the applicant is a corporation or partnership, it shall designate one of its officers or general partners as its authorized representative. The authorized representative shall complete and sign all application forms required for an individual applicant under this chapter.
   (C)   The application and fee required pursuant to this section shall be in addition to any other license, permit or fee required by any other chapter of this Code or ordinance hereafter adopted. Only one application fee shall be charged regardless of the number of owners or operators designated in the application.
   (D)   The application for a permit does not authorize the operation or management of a massage establishment unless and until such permit has been properly granted, nor does the possession of a valid massage establishment permit authorize the possessor to perform work for which a massage practitioner permit is required.
   (E)   The application for a massage establishment permit shall contain or be accompanied by the following information:
      (1)   The type of ownership of the business, i.e., whether by individual, partnership, corporation or otherwise.
         (a)   If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter together with the state and date of incorporation and the names and residence addresses of each of its current officers, directors and each stockholder holding more than 5%of the stock of that corporation.
         (b)   If the applicant is a partnership, the application shall set forth the name and residence addresses of each of the partners, including limited partners.
         (c)   If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the Secretary of State. If one or more of the partners is a corporation, the provisions of this division pertaining to corporations shall apply.
      (2)   The true, full, and precise name under which the massage establishment is to be conducted.
      (3)   The present or proposed address where the massage establishment is to be conducted and all telephone numbers for the massage establishment.
      (4)   A complete current list of the names and residence addresses of all massage practitioners, aides, trainees and other employees who are or will be employed in the massage establishment if known. If not known at the time of submission of the application, the applicant shall provide the required information no later than ten calendar days prior to opening for business.
      (5)   The name and residence addresses of the proposed operator or manager who will be principally in charge of the operation of the massage establishment.
      (6)   A description of any other business operated on the same premises as the proposed massage establishment, or within the city or the state that is owned or operated by the owner or operator.
      (7)   The name and address of the owner and lessor of the real property upon or in which the proposed business is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized affidavit from the owner of the property acknowledging that a massage establishment will be located on his or her property.
      (8)   The complete business, occupation and employment history for eight years preceding the date of application, including, but not limited to, a massage establishment or similar type of business history and experience of the applicant.
      (9)   The complete massage permit history; whether such person has ever had any similar type of permit or license issued by any agency, board, city, county, territory or state; the date of issuance of such a permit or license, whether the permit or license has been or was ever denied, revoked or suspended; if a vocational or professional license or permit has been or was ever denied, revoked or suspended; if the applicant has ever been required 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 and the reason therefor.
      (10)   All criminal convictions, including pleas of nolo contendere, within the last ten years including those convictions dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding minor traffic violations, and the date and place of each such conviction and reason therefor.
      (11)   A complete set of fingerprints taken by the Police Department. The applicant shall be responsible for payment of any fingerprinting fee.
      (12)   Four portrait photographs at least two inches by two inches in size taken within the last month.
      (13)   Authorization for the city, its agents and employees to seek verification of the information contained in the application.
      (14)   Such other identification and information as the Chief of Police may reasonably require in order to discover the truth of the matters herein specified and as required to be set forth in the application.
      (15)   A statement in writing and dated by the person providing the information that he or she certifies under penalty of perjury that all information contained in the application is true and correct.
      (16)   A certificate of compliance from any affected department or agency, including, but not limited to, the city’s Development Services Department, building division and the Los Angeles County Health Department, must be submitted prior to the application’s final approval. Any required inspection fees shall be the sole responsibility of the applicant. If the Chief of Police does not receive the certificates of compliance within 90 calendar days of the date of filing of the application, said application shall be deemed void. If any land use permit or other entitlement for the use of the property as a massage establishment is required, such permit or use entitlement shall be obtained by the applicant prior to the massage establishment permit becoming effective.
   (F)   Every owner, operator and manager shall also provide the following personal information:
      (1)   The full, true name and all aliases used;
      (2)   Date and place of birth, California driver's license, California identification card, social security card and resident alien card, if applicable.
      (3)   The current residence address and residence telephone number and all previous residential addresses for a minimum of eight years immediately preceding the present address of the applicant and the dates of residence for each address;
      (4)   Acceptable written proof that the owner and/or operator is at least 18 years of age;
      (5)   Height, weight, gender and color of hair and eyes;
   (G)   If, during the term of a permit, the permittee has any change in information submitted on the original or renewal application, the permittee shall notify the Police Department in writing of any such change within ten business days thereafter.
   (H)   If an owner, operator or manager also desires to act as a massage practitioner or out-call massage practitioner, he or she shall also satisfy the requirements for the respective permit set forth in this chapter.
(Ord. 1233, passed 5-4-04)