(A) Upon receipt of a complete written application for an operator's permit, the Chief of Police shall conduct an investigation to ascertain whether a permit should be issued as requested. The Chief of Police shall, within 60 calendar days of receipt of an application, approve, conditionally approve or deny the application. The 60-day period may be extended for up to 30 additional calendar days, if necessary, to complete the investigation. The Chief of Police shall issue such permit as requested, unless he or she makes any of the following findings:
(1) The applicant has not passed the written examination as required by this chapter.
(2) 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 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 § 290, or conduct in violation of California Penal Code §§ 266h, 266i, 314, 315, 316, 318, subsections (a), (b) or (d) of Penal Code §§ 647, 653.22, 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 §§ 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 §11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code §§ 11054 through 11058.
(c) Been convicted of any offense in any other state that 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 §§ 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 chapter, would be grounds for denial, suspension or revocation of the permit.
(f) Has had a massage operator or massage 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.
(g) Has engaged in conduct that would constitute grounds for suspension or revocation under § 118.29 of this chapter.
(3) The owner and/or operator has made a false, misleading or fraudulent statement or omission of fact to the city in the permit application process.
(4) The application does not contain all of the information required by § 118.04.
(5) The owner and/or operator is not at least 18 years of age.
(6) The massage establishment as proposed does not comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards.
(7) The required fee(s) has not been paid and/or all other requirements of this chapter have not been satisfied in the time specified.
(B) If the application is denied for failure to comply with division (A)(2) or (3) of this section, the applicant may not reapply for a period of six months 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 as set forth in this chapter, the Chief of Police shall deny said application by dated written notice to the applicant. The applicant shall have the right of appeal as set forth in § 118.31.
(Ord. 1233, passed 5-4-04)