A. An application for a massage therapy permit shall be denied upon a showing of any of the following:
1. The location of the business does not comply with all applicable zoning laws or the provisions of this chapter;
2. The configuration and/or proposed or actual construction of the premises, as set out in the sketch or plan submitted with the application, reveals a violation of an applicable health, fire, building, safety or zoning regulation or law of the federal government, State of California, County of San Bernardino, or ordinance of the city, including those set forth in this chapter;
3. The applicant or the prospective on-site manager, if other than the applicant, is not eighteen (18) years of age or older;
4. The application contains false information;
5. The applicant or the prospective on-site manager, if other than the applicant, did not receive a diploma or a certificate of graduation from a recognized school of massage which verifies that he or she has obtained the requisite number of hours of massage therapy training;
6. The applicant or the prospective on-site manager, if other than the applicant, officers, was convicted of at least one of the following offenses: (a) pandering as set forth in California Penal Code Section 266(i), (b) keeping or residing in a house of ill-fame as set forth in California Penal Code Section 315, (c) keeping a disorderly house as set forth in California Penal Code Section 316, (d) prevailing upon a person to visit a place of illegal gambling or prostitution as set forth in California Penal Code Section 318, (e) lewd conduct as set forth in California Penal Code Section 647(a), or (f) prostitution activities as set forth in California Penal Code Section 647(a) or (b);
7. The applicant, or the prospective on-site manager, if other than the applicant, was convicted in another state of an offense which, if committed or attempted in this state, would have been punishable as one or more of the offenses set forth in California Penal Code Sections 266(i), 315, 316, 318, or 647(a) or (b);
8. The business owner, applicant, or the prospective on-site manager, if other than the applicant, is required to register as a sex offender as set forth in California Penal Code Section 290;
9. The applicant, or the prospective on-site manager, if other than the applicant, was convicted of a felony offense involving the sale of any one of the controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057, or 11058; or
10. The applicant, or the prospective on-site manager if other than the applicant, was convicted in any other state of any offense which, if committed or attempted in this state, would have been punishable as a felony offense involving the sale of a controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057, or 11058.
B. If the city manager, or designee denies the application, he or she shall notify the applicant of the denial in writing and state the reason(s) for the denial.
C. Any subsequent information submitted to cure the grounds of a denied application shall be treated as a new application.
(Ord. 423 § 1, 2023)