§ 5.52.060. Massage establishment permit application and fee.

The following provisions shall apply to the permit application process:

A.

Any person desiring to obtain a permit to operate a massage establishment shall make application to the chief of police.

B.

Each application for a massage establishment permit shall be accompanied by a nonrefundable fee. The fee paid shall be to defray in part the cost of the investigation and report required by this chapter. This massage establishment permit application fee shall be determined from time to time by the city council by resolution to properly reflect cost recovery it deems appropriate. A copy of the receipt for the nonrefundable fee shall accompany the application.

C.

The massage establishment permit application and fee required under this section shall be in addition to any license, permit, or fee required under any other section of this code or other city law or regulation.

D.

The application and fee for a massage establishment permit does not authorize a massage establishment to operate until such permit has been granted and the business license tax has been paid to the city's finance department.

E.

Each applicant for a permit shall submit the following information and/or documents together with a statement in writing that the applicant certifies under penalty of perjury that the information contained in the application is true and correct:

1.

The full, true name under which the business will be conducted;

2.

The present or proposed address where the business is to be conducted;

3.

The applicant's full, true name, and other names used, date of birth, valid California driver license number (or California identification number), social security number (unless prohibited by law), present residence address and telephone number, height, weight, color of hair and color of eyes. Additionally, applicant shall provide such other identification and information as is deemed necessary by the chief of police in order to discover the truth of the matters required in the application;

4.

The previous residence addresses of the applicant for a period of five years immediately preceding the date of the application and the dates of such residence;

5.

The applicant's business, occupation and employment history for seven years preceding the date of application and the inclusive dates of same. Applicant shall provide proof that within the seven years preceding submission of the application, the owner, operator, manager and/or responsible officer has not:

a.

Had a massage establishment, massage technician, tanning establishment or other similar permit or license denied, suspended or revoked by the city, or any other state or local agency,

b.

Engaged in conduct or operated a massage, tanning or similar establishment in a manner that would be grounds for denial, suspension or revocation of a permit under this chapter, or

c.

Owned or managed a massage, tanning or similar establishment where persons required to be licensed were allowed to work without the required license or permit;

6.

A statement of the permit history of the applicant by identifying whether or not such person has ever held a professional or vocational license or permit issued by any agency, board, city, county, territory or state; the date of issuance of such a permit or license; whether or not the permit or license is still in effect, was revoked or suspended, and if so, the reason(s) therefor;

7.

A statement that no injunction has been issued under the Red Light Abatement Law (Penal Code Section 11225 et seq.) against the applicant or against a business establishment where the applicant was a permittee or employee, and that the applicant has not been convicted in a court of competent jurisdiction of an offense involving:

a.

Conduct which requires registration under California Penal Code Section 290,

b.

Conduct which is a violation of the provisions of California Penal Code Sections 266(h) or (i), 314, 315, 316, 318, 647(a) or (b),

c.

Crimes that are designated in Government Code Section 51032, or

d.

Any other crime involving dishonesty, fraud, deceit, violence or moral turpitude.

Convictions under the laws of other states or countries which prohibit the same or similar conduct as the California crimes listed herein shall be provided. Convictions that have been expunged must be reported, and all injunctions for nuisances under Penal Code Section 11225 or similar laws must also be reported.

For purposes of this portion of the statement, if the applicant is a corporation, the statement shall apply to the stockholders holding more than five percent of the stock of that corporation, the officers and/or directors. If the applicant is a partnership, the statement shall apply to all partners, both general and limited;

8.

A complete list of all services to be provided with definitions and/or descriptions attached;

9.

The name, address and date of birth of each manager or other person to be principally in charge of the operation of the establishment, each massage technician and each employee who is or will be employed at the establishment;

10.

The name and address of any massage or tanning business or other like establishment owned or operated by any person whose name is required to be given pursuant to this section;

11.

Acceptable written proof that the applicant is at least eighteen years of age;

12.

Documentation to prove that the applicant has lawful right to work in the United States;

13.

Corporations. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter together with the state and date of incorporation and the names and addresses of each of its current officers and directors, and of each stockholder holding more than five percent of the stock of that corporation. A copy of its articles of incorporation shall be submitted with the application;

14.

Partnerships. If the applicant is a partnership, the application shall set forth the names and residence address of each of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the county clerk. If one or more of the partners is a corporation, the provisions of subsection (E)(13) of this section pertaining to corporate applicants shall apply to the corporate partner;

15.

Limited Liability Company. If the applicant is a limited liability company, the applicant shall set forth the names and addresses of its members and shall furnish a copy of its articles of organization;

16.

Responsible officer. The corporation, limited liability company or partnership applicant shall designate one of its officers or members to act as its responsible officer. Such person shall complete and sign all application forms required of an individual applicant under this chapter. The responsible officer must, at all times, meet all of the requirements set for permittees by this chapter or the permit shall be suspended until a responsible officer who meets such requirements is designated. If no such person is designated in writing within ninety days of a change in the person previously identified, the permit is deemed canceled and a new application for permit must be filed and processed;

17.

Upon request of the chief of police, the applicant may be required to furnish fingerprints for the purpose of establishing identification. The fingerprints will be taken at a place designated by the chief of police. Any required fingerprinting fee shall be the responsibility of the applicant;

18.

Two passport style photographs of the applicant and the responsible officer shall be provided to the police department. The chief of police may confirm the height and weight of the applicant and take additional photographs;

19.

A description of any other business to be operated on the same premises, or on adjoining premises, owned or controlled by the applicant;

20.

The name and address of the owner and lessor of the real property upon or in which the business is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized acknowledgment from the owner of the property that a massage establishment will be located on his/her property;

21.

Written authorization for the city, its agents and employees, to seek information and to conduct an investigation into the truth of the statements set forth in the application and into the background of the applicant and/or the responsible officer;

22.

Proof of massage malpractice insurance in the sum of not less than one hundred thousand dollars per massage technician licensed, or to be licensed, at the massage establishment up to a maximum of five hundred thousand dollars. This requirement can be satisfied by malpractice insurance being provided in the name of individual massage technicians;

23.

The applicant shall advise the city in writing of any change of address or change in fact(s) represented to city which may occur during the city's processing of the application for a massage establishment permit;

24.

A certificate of zoning compliance from the city's director of economic and community development that certifies that the premises of the establishment meets all applicable codes and regulations must be submitted prior to application approval. Any required inspection fees shall be the responsibility of the applicant. If the city's director of economic and community development finds that a use permit is required for the establishment, a use permit must be obtained in accordance with the city's zoning ordinance.

(Ord. 1243 § 2 (part), 1997)