(A) No person shall own or manage any massage establishment in any location within the city without first having obtained an operator permit. An operator permit must be obtained for each owner of a business or proposed business, and any identified manager, in order for an application for a conditional use permit for such business to be complete.
(B) No massage establishment shall be allowed to operate within the city unless the business first obtains a certificate of operation. No certificate of operation shall be approved until each operator identified in the application has obtained an operator permit. A certificate of operation shall not be granted until such time as a conditional use permit has been obtained for the location.
(C) Any person desiring to obtain a certificate of operation and/or an operator permit shall make application in accordance with the provisions of this subchapter, which application shall be accompanied by a nonrefundable fee in an amount established by resolution of the City Council.
(D) All applications shall be dated and shall contain the following statements:
(1) A certification under penalty of perjury that the information contained in the application is true and correct;
(2) An authorization for the city, its officers, agents and employees, to seek information and conduct an investigation into the truth of the statements set forth in the application and to ensure continual compliance with all applicable provisions of law; and
(3) An acknowledgment that by applying for an operator permit, the applicant understands that he or she is responsible for having a working knowledge of the city’s regulations relating to massage establishment operations, be responsible for the day-to-day operations of the business and be responsible for all violations of employees and independent contractors that may take place in the massage establishment which such person owns or manages and that such violations are grounds for revocation of the operator permit.
(E) The provisions of §§ 122.05, 122.50, 122.51, 122.52 and 122.99 shall apply to any business that operates as a massage establishment, even if such business fails to obtain operator permits or certificates of operation. The city may immediately order a business that fails to have a certificate of operation or a permitted operator on the premises to cease operation until such failures have been resolved.
(F) Within 30 working days following receipt of a completed application, the Finance Director shall either issue the certificate of operation and the Chief of Police shall issue an operator permit or mail a written statement of the reasons for denial thereof. Notwithstanding the above, failure of the city to act upon a completed application within the time frame set forth above shall not be deemed approval of the application pursuant to this chapter. Any certificate of operation or permit issued pursuant to this division (F) shall be deemed conditional pending the city’s receipt of the California Department of Justice report on the applicant’s fingerprints. If the fingerprint report demonstrates that the applicant has made any false, misleading, or fraudulent statement of material fact in the permit application or in any report or record required to be filed therewith, or discloses any disqualifying conduct, the permit shall be subject to denial or revocation pursuant to this chapter.
(Ord. 591-C.S., passed 9-20-11; Am. Ord. 612-C.S., passed 2-17-15; Am. Ord. 633-C.S., passed 4-18-17; Am. Ord. 634-C.S., passed 5-2-17)