(A) Any person seeking an operator permit for a massage establishment shall file a written application on the required form with the Police Chief and submit all required documentation. The application shall be accompanied by the appropriate nonrefundable filing fee established by resolution of the City Council. The application shall be completed and signed by the operator, or authorized representative thereof, of the proposed massage establishment. The permit application does not authorize the operation of a massage establishment unless and until such permit has been properly granted. The application shall contain or be accompanied by the following information:
(1) The type of ownership of the business. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the state and date of incorporation and the names and residential addresses of each of its current officers and directors, and of each stockholder holding more than 5% of the stock of that corporation. If the applicant is a partnership, the application shall set forth the name and residence of each of the partners, including limited partners. If it is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the Secretary of State. If one or more of the partners is a corporation, the provisions of this division (1) pertaining to corporations shall apply. A corporate or partnership applicant shall designate one of its officers or general partners to acts as its responsible managing officer. Such designated persons shall complete and sign all application forms required for an individual applicant under this chapter, but only one application fee shall be charged.
(2) The precise name under which the massage establishment is to be conducted.
(3) The complete address and all telephone numbers of the massage establishment.
(4) A complete and current list of the names and residential addresses of all proposed massage practitioners and employees in the massage establishment and the name and residential addresses of the manager(s) proposed to be principally in charge of the operation of the massage establishment.
(5) The proposed hours of operation of the massage establishment.
(6) A description of any other business operated on the same premises or within the city or the state which is owned or operated by the applicant.
(7) The following personal information concerning the operator applicant:
(a) Current address and telephone number and all previous residential addresses for the eight-years preceding the date of the application;
(b) Acceptable proof that the applicant is at least 18 years of age;
(c) Copies of driver's license and Social Security card;
(d) Height, weight, color of hair and eyes, and gender;
(e) Two current "passport" photographs of the applicant, each not exceeding four square inches in size, and being only front views of the face and head;
(f) The applicant's complete business, occupation and employment history for the eight years preceding the date of the application, including, but not limited to, massage or similar business history and experience of the applicant;
(g) The complete massage permit history of the applicant; whether such person has ever held any permit or license issued by any agency, board, city, county, territory or state; the date of issuance of such a permit or license; and whether the permit or license was denied, revoked, or suspended, and the reasons therefore;
(h) All criminal convictions, including pleas of nolo contendre, within the last eight years, including those dismissed or expunged pursuant to Cal. Penal Code § 1203.4, but excluding minor traffic violations, and the date and place of each such conviction and explanation thereof;
(i) A complete set of fingerprints as directed by the Police Department.
(8) The name and address of the owner and lessor of the real property upon which the business is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized acknowledgment from the owner of the property that a massage establishment will be located on his or her property.
(9) Authorization for the city, its agents and employees to seek verification of the information contained in the application.
(10) Such other identification and information as the Police Chief may reasonably require in order to discover the truth of the matters herein specified and as required to be set forth in the application.
(11) A statement in writing and dated by the applicant that he or she certifies under penalty of perjury that all information contained in the application is true and correct.
(12) Statements in writing and dated by the applicant and the applicant's designated manager(s) certifying under penalty of perjury that they:
(a) Have received a copy of this chapter;
(b) Understand its contents; and
(c) Understand the duties of an operator or manager, respectively, as provided by this chapter.
(B) If operator is also going to be a massage practitioner, then all requirements and additional applicable fees, as adopted by city resolution, also must be met and paid prior to the issuance of a permit.
(C) If, during the term of a permit, the permit holder has any change in information submitted on the original or renewal application, the permit holder shall notify the Police Department of such change in writing within ten business days thereafter.
(Ord. 2008-004, passed 3-10-08)