§ 5.220.040  APPLICATION.
   A.   Any person, firm, corporation, or partnership desiring to obtain a permit to operate a massage establishment shall make application under penalty of perjury of the laws of the state, to the Director. Prior to submitting such application, a nonrefundable fee in an amount established by the City Council shall be paid to the city to defray, in part, the cost of the investigation and reports required by this Article I. A copy of the receipt showing payment of the required fee shall accompany the application. 
   B.   The application and fee required under this section shall be in addition to any license, permit or fee required under any other provisions of this code or ordinance heretofore or hereafter adopted, and shall be submitted together with a writing, signed and dated by the applicant, under penalty of perjury, stating that all information contained in the application is true and correct.
   C.   The application for permit does not authorize conducting a massage establishment. No business shall be conducted until such permit has been granted.
   D.   Each applicant for a massage establishment permit shall submit the following information:
      1.   The full true name under which the business will be conducted. If the name is a fictitious name, all individual owners, stockholders, partners, etc., shall be identified;
      2.   The present or proposed address where the business is to be conducted;
      3.   The applicant’s full, true name, any other names used, date of birth, California driver’s license number or California identification number, Social Security number, present residence address and telephone number; sex, height, weight, color of hair, and color of eyes. The applicant shall also state whether, during the previous ten (10) years, the applicant or any managing responsible employee thereof or any person enumerated in subparagraph 5.220.040.D.9. or subparagraph 5.220.040.D.10. of this Article I (“applicant parties,” collectively), has been convicted of or entered a plea of guilty or nolo contendere to any charge of a violation of any state, federal or other governmental law similar to and including: (i) Cal. Penal Code § 290; or (ii) any statute for which the applicant or any of the applicant parties is required to register pursuant to Cal. Penal Code § 290 or any such similar registration law; or (iii) any law similar to and/or including Cal. Penal Code §§ 266h, 266i, 314, 315, 316, 318, 647, or any other crime involving the elements of the foregoing code sections, including any plea bargain; or (iv) any other crime involving dishonesty, fraud, or any lesser included offense. The applicant shall also state whether he or she has ever had any ownership interest in any business providing massage services as to which, during the previous five (5) years, any permit or authorization of any kind to provide massage services was revoked;
      4.   Previous eight (8) years of residences of the applicant and the inclusive dates at each address;
      5.   The applicant’s business, occupation, and employment history for eight (8) years preceding the date of application, and the inclusive dates of same;
      6.   A complete explanation of all services to be provided;
      7.   The name, address, and date of birth of each certified massage therapist, certified massage practitioner, aide, trainee or employee who is or will be employed in such establishment;
      8.   Acceptable written proof that the applicant is at least eighteen (18) years of age;
      9.   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 and directors, and of each stockholder holding five percent (5%) or more of the stock of that corporation;
      10.   If the applicant is a partnership, the application shall set forth the name and residence addresses of each of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the County Clerk. If one or more of the partners is a corporation, the provisions of subparagraph 5.220.040.D.9. pertaining to corporate applicants shall apply;
      11.   A description of any other business to be operated on the same premises, or on adjoining premises, owned or controlled by the applicant shall be set forth;
      12.   The name and address of the owner and lessor of the real property upon or in which the business is to be conducted shall be identified. 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 acknowledgment from the owner of the property that a massage establishment will be located on his or her property;
      13.   Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application shall be required. The Chief shall provide such assistance to the Director as may be required to fully investigate the applicant and the truth of the matters set forth in the application;
      14.   The applicant shall submit any change of address or fact which may occur during the procedure of applying for a massage establishment permit; and
      15.   a. A certificate of compliance and certificate of occupancy (for new applicants) from the City Development Services Department, Building and Safety Division, must be submitted prior to the application approval. Any required inspection fees shall be the responsibility of the applicant.
         b.   If the certificates of compliance and occupancy are not received by the Director within sixty (60) days of the date of filing, the application shall be deemed void. If any land use permit or other entitlement for use is required, such permit or use shall be applied for and received prior to the massage establishment permit becoming effective.
   E.   The Director shall have up to one hundred twenty (120) calendar days to investigate the application and the background of each applicant for a massage establishment permit. Upon completion of the investigation, the Director shall grant the permit if he or she finds as follows:
      1.   The required fee has been paid;
      2.   The application conforms in all respects to the provisions of this Article I;
      3.   The applicant has not made a material misrepresentation in the application;
      4.   All persons who will provide massage services are certified massage therapists or certified massage practitioners, as evidenced by the submission of copies of a valid and current massage certificate, attested to by the applicant, under penalty of perjury, as being true and correct;
      5.   During the ten (10) previous years, neither the applicant nor any of the applicant parties has been convicted of or entered a plea of guilty or nolo contendere with respect to a violation of any of the laws, statutes, or Cal. Penal Code sections described, referenced or identified in subparagraph 5.220.040.D.3 of this Article I; and
      6.   During the previous five (5) years, no business providing massage services in which the applicant had any ownership interest, had any permit or authorization of any kind to provide massage services revoked.
   F.   If the Director, following investigation of the applicant, determines that the applicant does not fulfill the requirements of this Article I, the Director shall deny such application by dated, written notice to the applicant, forwarded to the applicant’s address as set forth in the application, by U.S. mail, with a proof of service attached. Following a denial or revocation of a massage establishment permit, no application for a massage establishment permit may be filed by such applicant, at the same or substantially similar physical location, for at least one (1) year following the date of such denial or revocation. The applicant shall have the right of appeal as to any denial, as set forth in § 5.220.430.
   G.   Proof of compliance with all applicable provisions of the Brea City Code and the applicable ordinances shall be provided prior to the issuance of any permits.
(Ord. 1136, passed 4-6-10; Am. Ord. 1180, passed 1-19-16)