(A) Upon receipt of a written application for a massage practitioner's permit, the Chief of Police shall conduct an investigation to ascertain whether such permit should be issued as requested. The Chief of Police shall approve, conditionally approve or deny the application within 60 calendar days of the filing of an application. The 60-day period may be continued for an additional 30 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 every section of the practical and written examination as required by this chapter.
(2) The applicant has within ten years preceding the date of the application been convicted of any of the following:
(a) 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, moral turpitude or an act of violence 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) 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 Sections 11054 through 11058; or
(c) Any offense in any other state that is the equivalent of any of the above-mentioned offenses.
(3) That the applicant has committed an act in another jurisdiction that, 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.
(4) That the applicant has engaged in conduct which would constitute grounds for suspension or revocation under § 118.29 of this chapter.
(5) The applicant 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 within eight years prior to the date of the application.
(6) The applicant has knowingly made a false, misleading or fraudulent statement or omission of fact to the city in the permit application process.
(7) The application does not contain the information required by § 118.16.
(8) The applicant is not at least 18 years of age.
(9) The applicant has not paid the required fee(s) and/or satisfied all other requirements of this chapter in the time specified.
(B) If the application is denied for failure to comply with divisions (A)(5) or (A)(6) 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)