(A) License Required: It shall be unlawful for any person to operate or conduct an adult related establishment unless under and by authority of a valid, unexpired and unrevoked business license issued pursuant to the provisions of this chapter.
(B) Display Of License: Each adult related establishment, except an outcall massage service, shall display a special business license in a conspicuous place within the establishment so that the same may be readily seen by persons entering the premises.
A person engaged in an outcall massage service who is the licensee for said service shall have the license available for inspection at all times while providing outcall massage services.
(C) Employee Permits Required: It shall be unlawful for any person to provide any of the following services without possessing a valid, unexpired and unrevoked employee permit issued by the chief of police pursuant to this chapter:
1. Act as a manager of an adult related establishment by supervising or controlling the personnel of such an establishment or the services rendered therein;
2. Give a massage for a fee or any other form of consideration;
3. Act as an escort; or
4. Act as a figure model in a modeling studio.
It shall be unlawful for the operator of any adult related establishment to employ or retain a person to perform any of the above services unless such person possesses such an employee permit.
(D) Application: An application for an employee permit to provide services identified by this chapter shall contain the following:
1. A list of each conviction of the applicant, plea of guilty, or plea of nolo contendere. The list shall, for each such conviction, set forth the date of arrest, the offense charged and the offense of which the applicant was convicted.
2. Proof of the age of the applicant; and
3. With respect to a permit to perform services as a manager of a massage establishment or outcall massage service or as a massage technician, the name and address of each school of massage attended or provider of instructional services in massage which has been received, the name and address of the school or provider, the dates of attendance or receipt of instruction, and a copy of any certificate or diploma or other evidence of completion which the applicant has received.
(E) Issuance: Upon receipt of an application for an employee permit to act as a manager of an adult related establishment or a massage technician, an escort or a figure model, the chief of police shall conduct such investigation as is deemed necessary. The chief of police shall issue the permit unless he or she finds any of the following:
1. That the application fails to contain information required by the chief of police, the provisions of this chapter, city resolution or is otherwise incomplete;
2. That information contained in the application is false or otherwise inaccurate;
3. That the applicant has been convicted of a crime and the time for appeal has elapsed, or when an order granting probation is made suspending the imposition of sentence, irrespective of the entry of a subsequent order under California Penal Code section 1203.4; or has done any act involving dishonesty, fraud or deceit with intent to benefit him or herself, or another, or injure another; and the chief of police concludes that by reason of the crime or act the applicant would not perform his or her duties as a manager, massage technician escort or figure model in a law abiding manner or in a manner which does not subject patrons to risk or harm or criminal, deceitful or otherwise unethical practices.
Notwithstanding the foregoing, an application shall not be denied solely on the basis that a person has been convicted of a felony. If the person obtained a certificate of rehabilitation under California Penal Code section 4852.01 et seq., or that the person has been convicted of a misdemeanor if the person has met all applicable requirements of the criteria of rehabilitation developed to evaluate the rehabilitation of a person when considering the denial of a license under California Penal Code section 482(a).
4. That the applicant is under eighteen (18) years of age; or
5. That with respect to an application for an employee permit to act as a manager of a massage establishment or outcall massage service offering services involving physical contact with patrons, or massage technician, the applicant has not graduated from a recognized school of massage, as those terms are defined by subsection 5-23-3(E) of this chapter.
Notwithstanding any other provision in this chapter to the contrary, the chief of police may deem the requirements of subsection (E)5 of this section and section 5-23-12 of this chapter satisfied if he or she finds in writing that the applicant for the permit has attended not less than one hundred hours of instruction in massage at a school within or outside this state or in any foreign country that provides education substantially equal to or in excess of that received as a result of graduating from a recognized school of massage, as defined by subsection 5-23-3(E) of this chapter.
(F) Revocation Of Permits: An employee permit may be revoked or suspended pursuant to this section on any of the following grounds:
1. Violation of any of the duties, requirements or prohibitions contained in this chapter;
2. Violation of any of the duties, requirements or prohibitions set forth in any administrative regulations issued pursuant to chapter;
3. Misrepresentation of a material fact contained in the application for the permit; or
4. That since issuance or renewal of the permit the chief of police has acquired information supporting a finding prescribed by subsection (E) of this section in relation to the holder of the permit. (Ord. 1407, 11-25-1986)