(A) Applications for a certificate of operation shall be filed with the Finance Department and shall include the information set forth below:
(1) The full name of the applicant;
(2) The name under which the business is to be conducted, which name must match the name of the business under which the corresponding business tax certificate is issued under Chapter 110. No massage establishment business shall operate under any business name or conduct business under any designation not specified in the certificate of operation. If the applicant is a corporation, the name shall be exactly as shown on the articles of incorporation or on a valid DBA (“doing business as”);
(3) The address of the proposed massage establishment;
(4) A detailed description of the operation and type of services to be provided by the massage establishment, including other therapies to be provided, and other businesses to be operated on the same premises;
(5) The full legal name and residence address of each owner of the massage establishment and of the manager(s) who will be in charge of the operation of the massage establishment if other than the owner(s);
(6) A legal size copy of the floor plan approved as part of the conditional use permit, drawn to scale with measurements in feet and inches and labeled in English. The floor plan shall show: entrances; exits; windows; interior doors; restrooms; all other separately enclosed rooms with dimensions, including, but not limited to closets, storerooms, break rooms, and changing rooms; and location of massage tables and chairs;
(7) The full name, address, and phone number of the legal owner of the property, if other than the applicant on which the massage establishment is to be located, along with a copy of the signed lease and a notarized acknowledgment from the owner of the property that a massage establishment will be located on his or her property; and
(8) The hours and days of operation.
(B) The Finance Director shall issue a certificate of operation upon verification of the following:
(1) The massage establishment will comply with all applicable laws, including, but not limited to building, fire, zoning, health, and safety regulations, as well as any conditions which have been imposed to comply with such laws;
(2) Each person identified as an operator, i.e., the owner(s) and manager(s), has obtained an operator permit; and
(3) A conditional use permit, if required, has been obtained.
(4) Any decision to deny the certificate of operation shall be made in writing and shall set forth the reasons for the decision. The notice shall include a statement of appeal rights pursuant to § 122.34 below.
(C) Every massage establishment for which a certificate of operation has been granted pursuant to this chapter shall display the certificate in a conspicuous place so it may be readily seen by persons entering the premises.
(D) A certificate of operation is not transferable to a separate location of the same business, to a different business at the same location, or to the same business under different ownership at the same location, or the same business under a different name.
(E) It is the duty of each operator to notify the Finance Department whenever there is a change in information which was required to be submitted in the application for the certificate of operation in the first instance. Any sale or transfer of any reportable interest of an owner in a massage establishment, which interest would be required to be reported under division (A) of this section in the first instance, shall render the certificate of operation temporarily suspended and subject to revocation in accordance with the provisions of this chapter unless prior to the effective date of such sale or transfer, the new owner applies for and obtains an operator permit.
(F) Notwithstanding any other provision of this code to the contrary, where a notice of suspension or revocation has been issued regarding a massage establishment, or the business has otherwise been required to close because of suspension or revocation proceedings against the operator, the Finance Department shall not process or issue a new application for a certificate of operation for said location unless or until the revocation or suspension proceedings are dismissed or a final determination is made that the current certificate of operation should not be suspended or revoked, or a two-year period has passed since the occurrence of the activity which gave rise to the suspension or revocation proceedings or other criminal actions.
(G) Notwithstanding any other provision of this code to the contrary, when a massage establishment has been closed due to criminal activity and such decision is final, no new massage establishment may open in such location and no certificate of operation shall be issued for such location for a period of two years from the date of such final determination. For purposes of this section, closure due to criminal activity includes voluntary closure of the business after there have been arrests at the location or other notices relating to criminal activity or notices relating to suspension or revocation proceedings. This provision is not meant to prohibit the issuance of a certificate of operation to a business which initially failed to obtain a certificate of operation without any prior oral or written notification by the city that such was required.
(H) Where the applicant for the certificate of operation is not the record owner, as shown on the latest county assessment roll, then upon issuance of the certificate, the city shall send written notice to the property owner advising of the issuance of the certificate and the regulations applicable to the massage establishment and the property pursuant to this chapter; this may be accomplished by including a copy of this chapter with the notice.
(Ord. 591-C.S., passed 9-20-11; Am. Ord. 609-C.S., passed 2-18-14; 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)