A. The permit authority may deny an owner permit or a practitioner permit when it is determined that:
1. The applicant, within five years immediately preceding the date of filing of the application, has been convicted in a court of competent jurisdiction of any offense which relates directly to the operation of a massage and/or bodywork office or establishment or home visit and/or outcall massage and/or bodywork service whether as a massage and/or bodywork office or establishment or home visit and/or outcall massage/bodywork service owner or operator or as a massage and/or bodywork practitioner, or as an employee of either; or has at any time been convicted in a court of competent jurisdiction of any felony, the commission of which occurred on the premises of a massage and/or bodywork office or establishment;
2. The applicant, within five years of the date of application, has been convicted in a court of competent jurisdiction of any felony offense involving the sale of a controlled substance specified in Sections 11054, 11055, 11057, or 11058 of the California Health and Saf. Code;
3. The applicant, within five years of the date of application, has been convicted in a court of competent jurisdiction of any offense involving the use of a controlled substance, other than marijuana, specified in Sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code;
4. The applicant is currently required to register under the provisions of Section 290 of California Penal Code;
5. The applicant, within five years of the date of application, has been convicted in a court of competent jurisdiction of any violation of Section 266, 266h, 266i, 315, 316, 318, or 647(b) of the California Penal Code, or conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the state of California which is the equivalent of any of the aforesaid offenses;
6. The applicant has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Section 11225 through 11235 of the California Penal Code, or any similar provision of law in a jurisdiction outside the state of California;
7. The applicant has knowingly made a false statement or omission of a material fact in the application for the permit;
8. The applicant, if an individual, has not attained the age of 18 years;
9. The applicant, within five years of the date of application, and as established by clear and convincing evidence, has engaged in acts prohibited under California Penal Code Sections 266h, 266i, 647(b) or 653.22;
10. The applicant has not met the educational requirements set forth in this chapter;
11. The applicant, within five years immediately preceding the date of filing of the application, has had a practitioner permit or owner permit revoked by the permit authority pursuant to Section 5.50.170;
12. The applicant, within five years immediately preceding the date of filing of the application, has had a practitioner permit or owner permit denied by the permit authority pursuant to Subsection A.7 hereinabove set forth;
B. The permit authority shall grant an owner permit or practitioner permit to an applicant who has satisfied the requirements of Sections 5.50.040, 5.50.050, 5.50.060, and 5.50.090, as qualified by Section 5.50.110, the home use exception, unless the applicant is disqualified pursuant to subsection (A) of this section or unless the massage and/or bodywork office or establishment, as proposed by the permit applicant, would not comply with all other applicable laws, including, but not limited to, the city’s building, zoning, and health regulations.
C. If a practitioner permit or owner permit is denied, the permit authority shall serve on the applicant, in the manner provided in Section 5.50.190 of this code, a written notice of denial which shall specify the grounds for the denial and shall indicate the appeal procedures as set forth hereinafter.
(Ord. 728, 2004).