A. After the completion of the City's investigation, the Permit Administrator shall not issue a massage establishment permit if any of the following findings are made:
1. The applicant has failed to submit a complete application or pay the prescribed application fee as required by § 11.07.030 of this Chapter, or all other requirements of this Chapter have not been satisfied.
2. The applicant, responsible person, manager or any of their officers, directors, managers, members, partners or any person directly engaged or retained by or employed in the massage establishment, within eight (8) years preceding the date of the application:
a. Has been convicted of any crime involving dishonesty, fraud, deceit, or moral turpitude, or any crime committed while engaged in the ownership or management of a massage establishment or the practice of massage.
b. Has been convicted of a violation of any criminal law relating to the pandering, prostitution, or human trafficking, including without limitation Cal. Penal Code §§ 266(h), 266(i), 315, 316, 318, 647, or any similar law.
c. Has been convicted of any felony offense involving the illegal sale, distribution, or possession of a controlled substance.
d. Has had a massage permit or massage certificate 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.
3. The applicant has made a false, misleading or fraudulent statement or omission of fact to the City in the application, or in the permit application process.
4. The applicant is not at least eighteen (18) years of age.
5. The massage establishment does not comply with all applicable laws and regulations, including, but not limited to, health, building and safety, zoning, and fire requirements and standards.
B. If the Permit Administrator, upon completion of the investigation determines that the applicant does not fulfill the requirements as set forth in this Chapter, the City shall deny said application and not issue a permit by dated written notice to the applicant. The City shall serve the applicant, either personally or by first class mail addressed to the address listed on the application, with a written notice of denial. Said notice shall state the reasons for the denial and the right of the applicant to appeal the decision to the City Manager, and that the permit administrator's decision will be final if no written appeal is timely submitted to and received by the City, pursuant to the provisions in § 11.07.100 of this Chapter.
(Ord. No. 2016-009 § 2 (part))