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(a) Within 90 business days following receipt of a completed application for a Massage Business permit, or, for applications subject to referral under Section 29.28, within 30 days of receiving all written findings, whichever is later, the Director shall either issue the permit or mail a written statement of his or her reasons for denial thereof to the applicant. If the Director takes neither action, the permit shall be deemed issued.
(b) No Massage Establishment, Sole Practitioner Massage Establishment, or Outcall Massage Service permit shall be issued if the Director finds:
(1) The applicant has provided materially false information, documents, or testimony in support of the application or in any other matter before the Director; or
(2) The facilities as proposed by the applicant would not comply with all applicable laws including, but not limited to, the facilities requirements set forth in Section 29.27, the City Building, Planning, Housing, and Fire Codes, or any rule or regulation related to Massage facilities adopted by the Director pursuant to this Article 29; or
(3) Within one year prior to the application, the applicant has had any license or permit of any kind suspended or revoked by the Director; or
(4) Prior to the date of application, the applicant has had any license, certificate, or permit related to the practice of Massage or operation of a Massage Establishment or Massage service revoked; or
(5) The applicant has been Convicted of any of the following offenses:
(A) Any offense involving the use of coercion, force, or violence upon another person; or
(B) Any misdemeanor sexual battery; or
(C) Any offense involving sexual misconduct with children; or
(D) Any offense involving pimping or pandering; or
(E) Any offense related to human trafficking; or
(F) Any offense requiring registration pursuant to Section 290 of the California Penal Code or, for offenses committed outside California, any offense requiring registration in California pursuant to Penal Code Section 290.005; or
(6) The Director revoked permission to operate a Massage Business at the same location within the prior 36 months; or
(7) The Director concludes there is good cause to deny the permit in accordance with Section 26 of Article 1 of the Business and Tax Regulations Code; or
(8) The Director finds that the premises or the Massage Business will be or is being managed, conducted, or maintained in such a manner as to endanger the health and safety of the employees or clients, or to coerce any employee to engage in illegal conduct; or
(9) The applicant has not fully complied with the provisions of this Article 29; or
(10) The applicant has not demonstrated eligibility for a permit under this Article 29.
(c) Discretionary Exception for Criminal Convictions. The Director may issue a permit otherwise authorized under this Section to any Owner Convicted of one of the offenses listed in subsection (b)(5) of this Section 29.29 if the Director finds that the offense was not violent, the conviction occurred at least five years prior to the date of application, and the applicant has not been convicted subsequently of any of the listed offenses.
(d) Right to Director’s Hearing. If an application for a Massage Establishment, Sole Practitioner Massage Establishment, or an Outcall Massage Service permit is denied, the applicant may appeal the denial within 15 days of the date listed on the notice of denial by notifying the Director in writing and explaining the ground or grounds for the appeal. Within 60 days of receipt of the notice of appeal, the Director shall conduct a hearing to consider the appeal. At least 10 days prior to the hearing, the Director shall notify the applicant of the time and place of the hearing. The Director shall oversee the hearing, provide the applicant an opportunity to speak at the hearing, and issue a ruling within 60 days of the conclusion of the hearing. If the Director fails to rule within this time period, the permit denial shall be deemed sustained. The Director’s ruling shall be the final decision of the Department.
(Added as Sec. 1913 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated as Sec. 29.14 and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; redesignated and amended by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015; amended by Ord. 272-18, File No. 180757, App. 11/20/2018, Eff. 12/21/2018)