(A) The Director of Police Services shall make, or cause to be made, an investigation of each application and the supporting data.
(B) Subsequent to the filing of an application for a massage establishment license, the Director of Police Services shall transmit the application to the Chief of Police for investigation; provided, however, that the office shall not forward an application for a massage establishment license to the Chief of Police unless and until a letter of compliance has been issued by the Department of Planning and Development in accordance with the following procedures:
(1) Upon filing an application for a massage establishment license, the Director of Police Services shall notify the Department of Planning and Development. The Department of Planning and Development shall cause an inspection to be made of the premises for which a license is desired to ascertain if the premises are in compliance with all applicable health laws, including the provisions of this chapter. If the premises are in compliance, the Department of Planning and Development shall issue a letter to the Director of Police Services so stating. If the premises are not in compliance, the Director of Police Services shall issue a letter to the applicant setting forth the deficiencies and shall reinspect the premises no more than twice upon written request of the applicant who shall pay all costs thereof. If a letter of full compliance is not issued by the Director of Police Services within 90 days of the date of the filing of the application, the application shall be deemed withdrawn and a new application must be filed.
(2) The Director of Police Services, concurrently with the referral of an application to the Chief of Police, shall also refer such application to the Fire Department for a determination as to whether the premises to be used are suitable, proper and adequate, and comply with the Fire Codes for the issuance of the license. The investigating officers or representatives of said departments shall file with the Director of Police Services their reports in writing. The report of each department shall state the extent of investigation, particulars of objections, and recommendations.
(3) The City Manager, upon recommenda-tion from the Director of Police Services shall, at his discretion, grant or refuse to grant the license.
(4) No license shall be granted:
(a) In violation of any provision of this code or the applicable laws of the state; or
(b) If it is found that the applicant, or any other person who will be directly or indirectly engaged in the ownership, management or operation of the massage establishment:
1. Has knowingly made any false, misleading or fraudulent statement of facts in the license application, or any other document required by the city in conjunction therewith; or
2. Is not 18 years of age or older; or
3. Has had a massage establishment, massage technician, or other similar license or license revoked, or suspended by the city or any other state or local agency within five years prior to the date of application; or
4. Has been convicted or has entered a plea of guilty or nolo contendere to a felony or any crime of moral turpitude or any offense involving sexual misconduct including, but not limited to, any crime or offense specified in Cal. Gov't Code § 51032, as amended from time to time, or is required to register under the provisions of Cal. Penal Code § 290, unless the Chief of Police finds that the offense is not reasonably related to the occupation being regulated.
5. The City Manager shall issue the license, if granted. The license shall be limited to the uses requested in the application and subject to such other restrictions, terms and conditions as the City Manager may prescribe. The license may be granted conditionally in order to insure compliance with the provisions of this chapter.
('64 Code, § 6-104) (Ord. 403, passed 5-27-71; Ord. 664, passed 4-11-85)