(A) Denial of permits. The Chief of Police may refuse to issue a permit if, after investigating the matter, it is determined that the applicant is lacking in the background and qualifications to conduct a bona fide massage establishment or the operation of the proposed massage establishment would be injurious to the health, safety, and welfare of the people of the city, and for any reason set forth in Cal. Gov't Code, § 51032.
('63 Code, § 6-14.06)
(B) Hearings.
(1) Within five days after receiving notification by certified mail that his application for a permit or a renewal permit to practice, engage in, carry on, or operate the business of a massagist or conduct or carry on a massage parlor pursuant to the provisions of this chapter has been denied, any applicant may file with the City Clerk a written statement, addressed to the Council, requesting a public hearing on the application before the Council, and stating therein written exceptions to the findings of fact upon which the Chief of Police based his denial of the application. Such exceptions shall include, but not be limited to statements why the applicant believes the Chief of Police acted improperly or failed to act properly. Upon the filing of such a statement, the Council shall fix a time, date, and place for a public hearing thereon and shall notify the applicant thereof. The hearing shall be held at a regular meeting of the Council not later than 30 days from the date on which the written statement was filed with the City Clerk. At the hearing, the applicant may present evidence in support of his application and exceptions. Any interested party may, in the discretion of the Council, be allowed to participate in the hearing and present evidence in support of or in opposition to the application and exceptions. The burden of proof shall be on the applicant. The Council, by resolution, shall no later than 15 days after the conclusion of the hearing, make findings of fact and either deny or grant the application for a permit, subject to any reasonable conditions thereto as the Council deems appropriate. The Council, in such resolution, shall state the facts upon which its decision is based and its ruling upon any exceptions to the original findings of fact of the Chief of Police upon the application. A copy of such resolution shall be served by mail upon the applicant and all parties to the hearing requesting the same.
(2) The Council's decision by such resolution shall be final.
('63 Code, § 6-14.07)
(Ord. 211-C.S., passed 6-22-73)