(A) Any person desiring a massage establishment permit (including a renewal of an existing permit) shall file a written application on the required form with the Chief of Police who shall conduct an investigation. The application shall be accompanied by the appropriate filing fee established by resolution of the City Council. The application shall be completed and signed by the operator of the proposed massage establishment, if a sole proprietorship; one general partner, if the operator is a partnership; one officer or one director, if the operator is a corporation; and one participant, if the operator is a joint venture. The application for permit does not authorize operation of a massage establishment unless and until such permit has been properly granted pursuant to this chapter. The application shall contain or be accompanied by the following information:
(1) Five folded (8-1/2" x 14") copies of a full size site plan drawn to scale showing the building, parking and access, as well as five folded (8-1/2" x 14") copies of the floor plan showing the square footage of the building area or tenant space. The areas on the floor plan shall be drawn to scale and properly labeled with the accurate square footage (example: reception area, massage treatment rooms, bathroom, utility room, etc.). An operator of a massage establishment shall also comply with the city's building permit requirements as provided in § 5.28.050(A)(1), as no massage establishment permit will be issued unless and until such requirements are satisfied and any needed building permits have been issued and final approval obtained. Notwithstanding the foregoing, providing there have been no tenant improvements since the city’s issuance of a prior tenant improvement permit for a massage establishment at the same location, the permit number may be submitted in lieu of copies of the floor plan;
(2) The type of ownership of the business; for example, whether by individual, partnership, corporation or otherwise. If the operator 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 more than 5% of the stock of that corporation. If the operator is a partnership, the application shall set forth the name and residence of each of the partners, including limited partners. If the operator 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 subsection pertaining to corporations shall apply. The corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated persons shall complete and sign all application forms required under this chapter, but only one application fee shall be charged;
(3) The precise name under which the massage establishment is to be conducted;
(4) The complete address and all telephone numbers of the massage establishment;
(5) A complete current list of the names and residence addresses of all proposed massage therapists and employees in the massage establishment and the name and residence addresses of the manager or managing employee;
(6) A copy of the massage therapist or massage practitioner certification issued by the California Massage Therapy Council for each person proposed to perform or administer massage services in the massage establishment;
(7) A description of any other business operated on the same premises or within the City of Corona or the State of California which is owned or operated by the operator;
(8) The following personal information concerning the operator and, where indicated, the manager or managing employee:
(a) Full complete name and all aliases used by the operator;
(b) Current address and all previous residential addresses for eight years immediately preceding the present address of the operator;
(c) Acceptable proof that the operator is at least 18 years of age;
(d) Height, weight, color of hair, eyes and gender;
(e) Two front faced portrait photographs at least two inches by two inches in size;
(f) The operator's complete business, occupation and employment history for eight years preceding the date of application, including, but not limited to, the massage or similar business history and experience of the applicant;
(g) The complete massage permit history of the operator, whether such person has ever had any 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 was denied, revoked or suspended; and the reason therefor;
(h) All criminal convictions, including pleas of nolo contendere, within the last ten years, including those dismissed or expunged pursuant to Penal Code § 1203.4, but excluding minor traffic violations, and the date and place of each such conviction and reason therefor;
(i) A complete set of fingerprints taken by the Police Department for any operator, manager or managing employee who has not previously provided their set of fingerprints to the city as part of the original application or any renewal application;
(9) The name and address of the owner and lessor of the real property upon or in which the massage establishment 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 acknowledgment from the owner of the property that a massage establishment will be located on his or her property;
(10) Authorization for the city, its agents and employees to seek verification of the information contained in the application;
(11) Such other identification and information as the Chief of Police may require in order to discover the truth of the matters herein specified and as required to be set forth in the application;
(12) A statement in writing and dated by the applicant that he or she certifies under penalty of perjury that all information contained in the application is true and correct;
(13) Statements in writing and dated by the operator and any designated manager(s) certifying under penalty of perjury that they:
(a) Have received a copy of this chapter;
(b) Understand its contents; and
(c) Understand the duties of an operator or manager, as the case may be, as provided in this chapter;
(14) If, during the term of a permit, the permit holder has any change in information submitted on the original or renewal application, the permit holder shall notify the Police Department of such change in writing, within ten business days of such change.
(B) Prior to the issuance of a massage establishment permit, each operator and any manager or managing employee shall pass a written examination dealing with the requirements of this chapter. Following the issuance of a massage establishment permit, if the operator wishes to appoint a new manager or managing employee, such person shall not assume the role unless and until he or she passes the written examination dealing with the requirements of this chapter. The examination shall be prepared, conducted and graded by the city. The Chief of Police shall establish standards and procedures governing the administration and grading of all examinations and shall exercise such supervision as may be necessary to ensure compliance therewith. A score of 70% or better is required on each section of the written examination. An operator, manager or managing employee who fails to pass the examination shall not be eligible to take another examination until 60 days after the previous examination. Any person who then fails to pass upon a second attempt shall not again be eligible until six months thereafter. An additional processing fee shall be required to be filed with the Chief of Police prior to each re-examination, if the city has adopted such a fee. The examination will be administered in the English language. In the event an operator, manager or managing employee requires that the examination be given in another language, he or she must, on his or her own, make arrangements with a court-certified and Corona Police Department-approved interpreter to interpret the examination. Proof of court certification must be provided to the Chief of Police no less than five days prior to the administration of the examination. An operator whose massage establishment permit has been suspended or revoked for a violation of this chapter, as well as any other manager or managing employee of such massage establishment, shall be required to pass the written examination described in this section prior to reinstatement or reissuance of the permit.
(`78 Code, § 5.28.030.) (Ord. 3197 §§ 2, 3, 2015; Ord. 3192 § 1, 2015; Ord. 3191 § 2, 2015; Ord. 3073 § 1 (part), 2011; Ord. 3032 § 1 (part), 2010; Ord. 3028 § 1 (part), 2010; Ord. 2995 § 2, 2009; Ord. 2375 § 1, 1999.)