A. Upon receipt of a written application for a massage technician's permit, the Chief of Police or his orher designee shall conduct an investigation to ascertain whether such permit should be issued as requested, including, but not limited to, any past criminal convictions of the applicant as provided by the Justice Department or other legally authorized agency. The Chief of Police shall make a final decision approving, conditionally approving or denying the application within sixty calendar days of the filing of an application. The Chief of Police, or his or her designee, shall issue a temporary permit within five calendar days of the application, if the investigation is not complete and a final decision cannot be made within such time. If the final permit is granted, it shall remain valid from the date of issuance of the temporary permit to the date of expiration of the final permit. If the final permit is denied, the temporary permit shall expire immediately upon the mailing of notice of denial. Temporary permits shall expire sixty days after issuance unless the application is denied and the temporary permit is deemed expired as provided in this section. The Chief of Police shall issue a final permit as requested, unless he or she makes any of the following findings:
1. The applicant has not passed every section of the practical and written examination as required by this chapter.
2. The applicant has, within ten years preceding the date of the application, been convicted of any of the following:
a. A violation of any provision of law pursuant to which a person is required to register under the provisions of Penal Code Section 290, or conduct in violation of California Penal Code Sections 148, 266h, 266i, 314, 315, 316, 318, subsections (a), (b) or (d) of Penal Code Section 647, or convicted of an attempt to commit or conspiracy to commit any of the above mentioned offenses, or any other crime involving dishonesty, fraud, deceit, moral turpitude or an act of violence or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of California Penal Code Sections 415, 602 or any lesser included or related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes, or any crime committed while engaged in the ownership of a massage establishment or the practice of massage;
b. A violation of Health and Safety Code Section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058; or
c. Any offense in any other State which is the equivalent of any of the above-mentioned offenses.
3. That the applicant has committed an act in another jurisdiction which, if committed in this State, would have been a violation of law and, which, if done by a permittee under this chapter, would be grounds for denial, suspension or revocation of the permit.
4. That the applicant has engaged in conduct which would constitute grounds for suspension or revocation under Section 3.24.300 of this chapter.
5. The applicant has had a massage operator or massage technician permit 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 within eight years prior to the date of the application.
6. The applicant has knowingly made a false, misleading or fraudulent statement or omission of fact to the City in the permit application process.
7. The application does not contain the information required by Section 3.24.170.
8. The applicant is not at least eighteen years of age.
9. The applicant has not paid the required fee(s) and/or satisfied all other requirements of this chapter in the time specified.
B. If the application is denied for failure to comply with subsection (5) or (6) of this section, the applicant may not reapply for a period of six months from the date the application was denied.
C. If the Chief of Police, upon completion of the investigation, determines that the applicant does not fulfill the requirements as set forth in this chapter, the Chief of Police shall deny said application by dated written notice to the applicant. The applicant shall have the right of appeal as set forth in Section 3.24.320. (Ord. 3020 §§ 17, 18, 2002: Ord. 2967 § 1 (part), 2000).