Within 14 days following a hearing, or, if no hearing is held, within 60 business days, following receipt of a completed application for a massage establishment, solo practitioner massage establishment, or outcall massage service permit where one or more practitioners are not certified as a massage practitioner or therapist by the CAMTC pursuant to the California Business and Professions Code, the Director shall either issue the permit or mail a written statement of his or her reasons for denial thereof to the applicant. If the Director takes neither action, the permit shall be deemed issued.
No massage establishment, solo practitioner massage establishment, or outcall massage service permit shall be issued if the Director finds:
The applicant has provided materially false documents or testimony; or
The operation as proposed by the applicant would not comply with all applicable laws including, but not limited to, the City Building, Planning, Housing, and Fire Codes or any rule or regulation adopted by the Director pursuant to this Article; or
Within five years immediately prior to the date of application, the applicant has had any license or permit related to the practice of massage revoked; or
The applicant and any other individual who will be directly engaged in the management and operation of the massage establishment, solo practitioner massage establishment, or outcall massage service has been convicted of any of the following offenses or convicted of an offense outside the State of California that would have constituted any of the following offenses if committed within the State of California:
Any felony involving the use of coercion or force and violence upon another person; or
Any misdemeanor sexual battery; or
Any offense involving sexual misconduct with children;
Pimping or pandering; or
Any offense requiring registration pursuant to Section 190 of the California Penal Code.
The Director may issue a permit authorized under this Section to any individual convicted of one of the offenses listed in Subsection (b)(4) of this Section if the Director finds that the offense was not violent, the conviction occurred at least five years prior to the date of application, and the applicant has not been convicted subsequently of one of those offenses.
The Director may refuse to issue any permit authorized under this Section in any case where there is reasonable grounds to determine that the premises or the business will be or are being managed, conducted, or maintained in such a manner as to endanger the health or safety of the employees or patrons thereof or to coerce any employee to engage in any illegal conduct.
Notwithstanding the provisions of Section 29.1, the Director may issue a solo practitioner massage establishment permit authorizing more than four solo massage practitioners to operate out of the same place of business if the Director finds good cause exists and the operation of the establishment will not have a negative impact on the neighborhood.
If an application for a permit authorized under this Section is denied, within 30 days of the date of receipt of the notice of denial, the applicant may appeal the decision by notifying the Director in writing. The notice shall set forth in detail the ground or grounds for the appeal. Within 30 days of receipt of the notice of appeal, the Director shall conduct a hearing to consider the appeal. At least 10 days prior to the hearing, the Director shall notify the applicant of the time and place of the hearing. The Director shall oversee the hearing, provide the applicant an opportunity to speak at the hearing, and issue a ruling within 30 days of its conclusion. The Director’s ruling shall be final.
(Added as Sec. 1913 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013)