(A) Any person, as defined herein, desiring to obtain a business license tax certificate and a permit for a massage therapy establishment shall file an application, under oath, to the Permit Administrator, upon a form provided, showing:
(1) The name, current permanent residential address and telephone number of the applicant;
(2) The business name, proposed business address of the massage therapy establishment and its telephone number;
(a) If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation and it shall provide a copy of its articles of incorporation. The applicant shall show the name and residence address of each of the officers, directors, and each stockholder owning not less than 10% of the stock of the corporation and the address of the corporation itself, if different than the address of the massage therapy establishment;
(b) If the applicant is a partnership, the application shall show the name and residence address of each of the partners including limited partners and the address of the partnership itself, if different than the address of the massage therapy establishment;
(3) The name and permanent address of the owner of the property upon which the applicant intends to locate the massage therapy establishment. If the property owner is a corporation, the name shall be exactly as set forth in its articles of incorporation and the applicant shall show the name and residence address of each of the officers, directors and stockholders owning not less than 10% of the stock of the corporation. If the property owner is a partnership, the application shall show the name and residence address of each of its partners, including limited partners;
(4) In the event the applicant is not the owner of record of the real property upon which the massage therapy establishment is or will be located, the application must be accompanied by a notarized statement from the owner of record of the real property acknowledging that a massage therapy establishment is or will be located on the property. In addition, the applicant must furnish a copy of the lease or rental agreement pertaining to the premises in which the massage therapy establishment will be located;
(5) The date, hours and location where the massage therapy establishment is proposed to be conducted;
(6) The name(s) or person(s) having the management or supervision of the applicant's business;
(7) Whether or not the applicant has been convicted of a crime, the nature of such offense, the date of conviction, place convicted and the sentence received. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than 10% of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners;
(8) Whether or not the applicant has ever had any similar license or permit revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reasons therefor, and the business activity or occupation subsequent to such action of suspension or revocation. If the applicant is a corporation, this requirement applies to each of the officers, directors, and/or stockholders owning not less than 10% of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners;
(9) Driver's license or other acceptable identification and social security number of the applicant. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than 10% of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners;
(10) Acceptable written proof that the applicant is at least 18 years of age. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than 10% of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners;
(11) The height, weight, color of eyes, color of hair and date of birth of the applicant. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than 10% of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners;
(12) The business, occupation or employment history of the applicant for the last five-year period immediately preceding the date of filing of the application. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than 10% of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners;
(13) Each residence and business address of the applicant for the five-year period immediately preceding the date of the filing of the application. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than 10% of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners;
(14) One front-face portrait photograph of the applicant at least two inches by two inches and a complete set of applicant's fingerprints, which shall be taken by the City Police Department. If the applicant is a corporation, one front-face portrait photograph at least two inches by two inches of all officers, directors and stockholders owning not less than 10% of the stock of said corporation and a complete set of the same officers', directors' and stockholders' fingerprints, which shall be taken by the City Police Department. If the applicant is a partnership, one front-face portrait photograph at least two inches by two inches in size of each partner, including limited partners in the partnership, and a complete set of each partner or limited partner's fingerprints which shall be taken by the City Police Department;
(15) The name and address of each massage therapist who is or will be employed in the establishment;
(16) Applicant must furnish a diploma or certificate of graduation from a recognized school or other institution of learning wherein the method, profession and work of massage is taught as defined in
§
115.03; provided, however, that if the applicant will not personally engage in the practice of massage, as defined herein, the applicant need not possess such diploma or certificate;
(17) The name and address of any other massage therapy establishment owned or operated by any person whose name is required to be given in division (A)(2) of this section;
(18) A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than 10% of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners;
(19) Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit;
(20) Such other identification and information necessary to discover the truth of the matters hereinbefore specified as required to be set forth in the application;
(21) The names, current addresses and written statements of at least three bona fide permanent residents of the United States that the applicant is of good moral character. If the applicant is able, the statement must first be furnished from residents of the city, then the county, then the state of California and, lastly, from the rest of the United States. These references must be persons other than relatives and business associates. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than 10% of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners;
(22) Applicant must furnish for any person whose name is required to be given in division (A)(6) the information required by divisions (A)(1), (9) through (14), (16) (17), (19) through (21) of this section;
(B) The holder of the permit for a massage therapy establishment shall notify the Permit Administrator of each change in any of the data required to be furnished by this section within ten days after such change occurs.
(Ord. 1453, passed 12-7-05)