A. Grounds. In addition to the grounds for denial, suspension or revocation imposed under Chapter 5.04 of this municipal code, a permit issued by the city under this chapter, and/or city a business license issued by the city may be denied, suspended or revoked upon any of the following grounds:
1. An owner, operator or manager of the massage business is required to register under the provisions of Penal Code section 290 (sex offender registration); is convicted of a violation of Penal Code section 266(h) (pimping), 266(i) (pandering), 314 (indecent exposure), 315 (keeping or residing in a house of ill-fame for the purposes of prostitution or lewdness), 316 (keeping a disorderly house, disturbing the peace for the purposes of assignation or prostitution), 318 (prevailing upon any person to visit a place for prostitution), 647(a) (soliciting prostitution), 653.22 (loitering with intent to commit prostitution), 653.23 (supervision of prostitute), or has pled nolo contendere or has been convicted of a violation of any lesser related offense, including, but not limited to, Penal Code section 415, in satisfaction of, or as a substitute for, any of the aforementioned offenses; have not been convicted of any felony drug-related offense involving the controlled substance specified in Health and Safety Code sections 11054, 11055, 11056, 11057 or 11058; has been convicted of any act involving theft, dishonesty, fraud, deceit or moral turpitude; has an individual or business permit, certificate or license with any agency, board, city, county, territory or State-denied, revoked or suspended; is subject to an injunction for nuisance under Penal Code sections 11225 through 11235 (red light abatement); or is convicted of any other offense which, if committed or attempted in this state, would have been punishable as one or more of the aforementioned offenses.
2. A material misrepresentation was included on the application for a permit, and/or city business license, renewal or transfer application.
3. Violations of California Business and Professions Code sections 4600 et seq., any local, state or federal laws, rules or regulations, and/or the provisions of this chapter or Title 16 of this municipal code have occurred on the premises of the massage business.
4. An owner, operator or manager of the massage business has failed to comply with one or more of the massage operating requirements under this chapter.
5. A massage therapist, owner, operator or manager of the massage business has failed to comply with the massage advertising requirements under this chapter and/or state law.
6. Any repeat violations or any arrests that result in criminal charges shall provide a prima facie basis for revocation.
7. A permit issued by the city that is not timely renewed shall be automatically suspended. To reinstate the status of a permit suspended pursuant to this subdivision, the owner or operator must submit a permit renewal application and filing fee, together with a reinstatement fee of ten percent (10%) of the filing fee, no later than thirty (30) days following the suspension date. Civil, criminal and/or administrative citations may also be issued for failure to maintain the permit. A permit that is not reinstated within thirty (30) days of the suspension date shall automatically expire and be deemed of no further force or effect. In that event, a new permit will be required to operate a massage business in the city, contingent upon city approval and subject to all applicable provisions of this chapter and Title 16 of this municipal code, including, but not limited to, any cap limitations and distance restrictions.
B. Appeal of denial, suspension or revocation. The appeal procedures for the denial, suspension or revocation of a permit shall be those set forth in Chapter 5.04 of this municipal code.
C. Prohibited operations. Upon revocation of a massage accessory use permit, massage establishment permit, residential massage establishment permit, and/or city business license pursuant to this chapter or any other provision of this municipal code, the permittee shall not operate a massage business within the jurisdiction of the city for a period of five (5) years from the date of such revocation. No massage accessory use permit, massage establishment permit, residential massage permit, and/or city business license that is revoked by the city may be transferred to any other person or entity.
D. Prohibition at same location. After a permit is revoked or not renewed for a violation of this chapter, the city will not issue a permit to operate a new massage business at the same location for a period of five (5) years following the revocation or non-renewal of the permit. For the purposes of this section, “same location” means the real property on which the massage establishment was located upon as a stand-alone business, or all parcels and addresses of real property within a shopping center, office complex, industrial park, or other multi-tenant building on which the massage establishment was established pursuant to a city-issued permit.
(Ord. 576, Exhibit A (part), 2022; Ord. 565-21, Exhibit A (part), 2021)