§ 5.52.070. Issuance or denial of permit.

The chief of police has up to sixty days after submission of all required information, including the required certificates of compliance, to investigate the application and the background of the applicant. Upon the completion of the investigation, the chief of police may grant the permit, with or without conditions, if, upon review of the requirements listed in this chapter, all of the following are found:

A.

The required fee has been paid;

B.

The application conforms in all respects to the provisions of this chapter;

C.

The applicant has not made a material misrepresentation in the application;

D.

The permit as requested by the applicant would comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards; and

E.

The applicant, if an individual; or any of the stockholders of the corporation, or any officers or director, if the applicant is a corporation; or a manager or member if the applicant is a limited liability company; or a partner if the applicant is a partnership; or the responsible officer; or the person who will manage or operate the establishment; or persons to be employed at the establishment have not been convicted of an offense involving conduct which requires registration under California Penal Code Section 290, or of conduct which is a violation of the provisions of California Penal Code Sections 266(i), 314, 315, 316, 318, 647(a), (b), (as now written or as amended), or of crimes that are designated in Government Code Section 51032(b), or any other crime involving dishonesty, fraud, deceit, violence or moral turpitude; or that an injunction has not been issued under Penal Code Section 11225. Convictions under the laws of other states or countries which proscribe the same or similar conduct as the California crimes designated herein shall be considered;

F.

The applicant or responsible officer has not had a massage establishment, off-premise massage service, massage technician, tanning establishment permit or other similar permit or license revoked, or suspended by the city, or any other state or local agency; or engaged in conduct or operated a massage, tanning or similar establishment in a manner that would be grounds for denial or revocation of a permit under this chapter; or violated any provision of this chapter, or of any similar ordinance, law, rule or regulation of any other public agency which regulates massage or the operation of massage or tanning establishments; or owned or managed a massage or similar establishment where persons required to be licensed were allowed to work without the required licenses;

G.

The applicant possesses the background and qualifications to conduct a bona fide massage establishment;

If, following investigation of the applicant, the chief of police cannot make the findings required in this section, the application shall be denied by written notice which sets forth the reasons for denial. The applicant may appeal the denial as set forth in Section 5.52.220.

(Ord. 1243 § 2 (part), 1997)