A. Any person seeking to obtain a permit to operate a massage establishment shall submit a written application, signed under penalty of perjury to the City using a form adopted by the City for that purpose. The application shall be accompanied by a nonrefundable filing fee established by resolution of the City Council to defray the cost of the investigation required by this Chapter. The filing fee due under this section shall be paid in full regardless of the duration for which the permit may be valid.
B. The application shall be completed and signed by the applicant(s). If the applicant is not a natural person, it shall be signed by a representative authorized to act on behalf of the entity in accordance with Subsection E.1.b. of this section.
C. The application and fee required pursuant to this section shall be in addition to any other license, permit, or fee required by any other section or chapter of this Code or ordinance hereafter adopted.
D. The submittal of an application for a permit does not authorize the operation of a massage establishment unless and until such permit has been properly granted by the City, nor does the possession of a current and valid permit authorize the possessor of the permit to perform work for which a massage certificate is required.
E. The application for a massage establishment Permit shall contain or be accompanied by the following information for the applicant and for each responsible person whenever required of the applicant:
1. The type of ownership of the business (i.e., individual, partnership, corporation, limited liability company or otherwise):
a. If the applicant is not a natural person, the name of the entity shall be set forth exactly as shown in its operative governing documents, including any partnership agreement, limited partnership agreements, articles of incorporation, limited liability company statement, and as reflected in any filing or recording with a public agency, including the California Secretary of State and the county recorder's office, including any fictitious business statement, together with the state and the date of formation or registration, and the legal names and residence addresses of each of its officers, directors, members, partners, principals, and each shareholder or interest holder holding more than five percent (5%) of the stock of the applicant. A copy of the certificate, registration or other official form issued by the governing agency shall be provided with the application.
b. An applicant shall designate one of its owners, officers, directors, managers or general partners to act as its designated authorized officer. Such person shall complete and sign all application forms required for an applicant under this Code, but only one application fee shall be charged. No change of a designated authorized officer shall be effective until and unless a change application is filed with the City to change the authorized officer and is approved by the Permit Administrator, but no additional inspection shall be necessary. The designated authorized officer must at all times meet all of the requirements established by this Chapter. A permit may be suspended by the Permit Administrator immediately in the event that the designated authorized officer is not in compliance with all requirements of this Chapter. The suspension shall continue until the authorized officer is in compliance, as confirmed in writing by the Permit Administrator, or a new authorized officer is designated and approved by the City. If no such approval is issued within ninety (90) days of the suspension, the permit is deemed canceled, unless extended by the Permit Administrator in writing, at the Permit Administrator's discretion. A new initial application for permit must be filed, together with the payment of fees applicable thereto, and a permit issued before the massage establishment may commence operating.
2. The true, full, and precise name under which the massage establishment is to be conducted.
3. The proposed address where the massage establishment is to be located, along with all telephone numbers for the massage establishment.
4. The proposed hours of operation.
5. A complete current list of the names and residence addresses of all proposed massage technicians, aides, trainees, independent contractors, and other employees who are or will be employed in the massage establishment, if known. If not known at the time of submission of the application, the applicant shall provide the required information no later than ten (10) calendar days prior to opening for business. True and correct copies of massage certificates for each proposed massage technician shall be submitted with the application.
6. The name, residence addresses, and telephone numbers of all managers as defined in this chapter.
7. A description of any other businesses to be operated on the same premises as the proposed massage establishment, or within the city or the state, which is owned or operated by the applicant.
8. The name and address of the owners and lessors of the real property where the proposed 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 affidavit from the owner of the property acknowledging that a massage establishment may be located at the designated premises.
9. The complete business, occupation and employment history for eight (8) years preceding the date of the submittal of application for the applicant,
responsible persons and managers, including, but not limited to, a massage establishment or similar type of business history and experience of the applicant, responsible persons and managers to operate such a business.
10. The complete massage permit history for the applicant, responsible persons and managers; whether such person(s) have ever had any similar type of 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 has been or was ever denied, revoked or suspended; if a vocational or professional license or permit has been or was ever denied, revoked or suspended; if the applicant, responsible persons or managers has ever been required 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 and the reason thereof.
11. All criminal convictions of the applicant, responsible persons or managers, including pleas of nolo contendere, within the last ten (10) years including those convictions dismissed or expunged pursuant to Cal. Penal Code § 1203.4, but excluding minor traffic violations, and the date and place of each such conviction.
12. A complete set of fingerprints (Live Scan) taken by the City's Police Department for each applicant, responsible person and manager. The applicant shall be responsible for payment of any fingerprinting fee.
13. Two (2) portrait photographs at least two (2) inches by two (2) inches in size taken within the last month for each applicant, responsible person and manager.
14. Authorization for the City, its agents and employees to seek verification of the information contained in the application.
15. Such other identification and information as the City may reasonably require in order to verify the truth of the matters herein specified and as required to be set forth in the application.
16. A statement in writing and dated and signed by the person providing the information that he or she certifies under penalty of perjury that all information contained in the application is true and correct.
17. A written approval, or certificate of occupancy, from any division, department or agency with authority or jurisdiction over the real property, and building(s) or structure(s) thereon, in which the massage establishment is to be located, including but not limited to, from the City's Planning and Building Safety Divisions, as well as the City's Fire Department. The approval, or certificate of occupancy, must be submitted to the City prior to the application for permit final approval. Any required inspection fees shall be the sole responsibility of the applicant. If the approvals or certificate of occupancy are not received by the City, within ninety (90) calendar days of filing the application, said application shall be deemed void.
F. The applicant, responsible person and manager shall also provide the following personal information:
1. Full, true name, and all aliases used.
2. Date and place of birth.
3. California driver's license, California identification card, or any other government issued identification card verifying the name and date of birth, as well as physical identifying information that includes information such as height, weight, gender, and color of hair and eyes.
4. The current residence address residence telephone number, and all previous residential addresses for a minimum of eight (8) years immediately preceding the present address of the applicant, responsible person and managers and the dates of residence for each address.
5. A mobile phone number and an e-mail address, if available.
G. If, during the term of a permit, the permittee proposes any change in information submitted on the original or renewal application, the permittee shall notify the City in writing of any such proposed change, and same must be approved by the Permit Administrator before the change takes place.
H. If an applicant, responsible person or manager also desires to act as a massage technician or off premises massage technician, he or she shall also satisfy the requirements for same as set forth in this Chapter.
I. At the discretion of the City, an applicant may be required to notify any residences within three hundred (300) feet of the proposed massage establishment by first class mail, at applicant's expense, so that residents may submit comments to the City. The form and format of the notice will be provided to the applicant by the City.
(Ord. No. 2016-009 § 2 (part))