(A) Upon receipt of a written application for a massage establishment permit, the Chief of Police shall conduct an investigation to ascertain whether such permit should be issued. The Chief of Police shall, approve, conditionally approve or deny the application within 60 days of the applicant's passing of the examination set forth in § 5.28.035(B). The 60 day period may be extended by the Chief of Police for up to 30 additional days, if necessary, to complete the investigation. The Chief of Police shall issue such permit, unless he or she makes any of the following findings:
(1) The operator, if an individual, or any of the officers or directors of the corporation, if the operator is a corporation; or a partner, if the operator is a partnership, 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 California Penal Code §§ 266(h), 266(i), 314, 315, 316, 318, 647(a) or (b) or any other provision of law pursuant to which a person is required to register under the provisions of California Penal Code § 290 or when the prosecution accepted a plea of guilty or nolo contendre to a charge of a violation of California Penal Code § 415 or any lesser included or lesser related offense in satisfaction of, or as a substitute of, any of the previously listed crimes;
(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, 11055, 11056, 11057 or 11058;
(c) Been convicted of any offense in any other state which is the equivalent of any of the above-mentioned offenses;
(d) Been engaged in conduct in another jurisdiction which, if it had occurred within the city, would constitute grounds for denial, suspension or revocation under this chapter;
(e) Been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to California Penal Code §§ 11225 through 11235 or any similar provisions of law in a jurisdiction outside the State of California;
(f) Engaged in conduct which would constitute an offense as described in subsection (a);
(g) Committed an act in another jurisdiction which, if committed in this state, would have been a violation of law and which, if done by an operator under this chapter, would be grounds for denial, suspension or revocation of the permit;
(h) Been convicted of an act involving dishonesty, fraud, deceit or moral turpitude or an act of violence, which act or acts are related to the qualifications, functions or duties of an operator of a massage establishment;
(i) The operator has had a license or permit to operate a massage establishment or provide massage services denied, suspended or revoked for cause by a licensing authority, including the California Massage Therapy Council, or by any city, county or state;
(2) The operator has made a false, misleading or fraudulent statement or omission of fact to the city in the permit application process;
(3) The application does not contain all of the information required by § 5.28.035;
(4) The massage establishment, as proposed by the applicant, does not comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards;
(5) The applicant has not satisfied the requirements of this chapter in the time specified;
(6) The operator does not possess a valid business license issued pursuant to this code.
(B) If the application is denied for failure to comply with subsections (A)(2) or (A)(3) above, the operator may not reapply for a period of six months from the date the application was denied.
(`78 Code, § 5.28.040.) (Ord. 3192 § 1, 2015; Ord. 3191 § 2, 2015; Ord. 3032 § 1 (part), 2010; Ord. 3028 § 1 (part), 2010; Ord. 2995 § 2, 2009; Ord. 2375 § 1, 1999.)