§ 22-619. Grounds for denial of massage establishment license.

(a)

The business license administrator shall deny an initial application for a massage establishment license or an application for renewal of a massage establishment license if the business license administrator finds in writing:

(1)

That the applicant, massage establishment licensee, responsible person and/or owners of the massage business, have engaged in unlawful activity, or been convicted of any of the following offenses or convicted of an offense outside the state that would have constituted any of the following offenses if committed within the state:

a.

Penal Code §§ 266i, 315, 316, 318 or 647(b) of the state or that the massage personnel or the owners of a massage establishment are required to register under Penal Code § 290;

b.

Any felony offense involving the sale of a controlled substance specified in the Health and Safety Code §§ 11054, 11055, 11056, 11057 or 11058;

c.

Any crime or unlawful activity, on the basis of which the chief of police reasonably concludes that by reason of the nature of the crime or activity, the applicant's operation of a massage establishment would pose a risk of harm to the public;

(2)

That the applicant/responsible person, owners and/or employees of the massage business have engaged in unprofessional conduct, including but not limited to, personal conduct or operation of a business resulting in denial of a license, revocation, suspension, restriction, or any other disciplinary action taken against an applicant, licensee, responsible person, owner and/or employee by the city, by another state, by any other governmental agency, or by CAMTC;

(3)

That the massage establishment is not operated in a manner, or housed within a building, which complies with all city, state, federal or otherwise applicable, codes, rules, regulations or laws, or CAMTC rules or regulations;

(4)

That the applicant failed to provide information in connection with the application requested by the city, preventing the chief of police from making his or her determination as to suitability to conduct work at the business;

(5)

That the applicant does not meet the qualifications necessary for issuance of a massage establishment license as required by this Code;

(6)

That statements made in the application or any information submitted supplementary to the application are incorrect or untrue;

(7)

That the responsible person is under the age of 18 years of age;

(8)

That, based on specific facts identified by the chief of police, the chief of police reasonably concludes that the operation of the proposed massage establishment would pose a risk to the public, that the applicant would not conduct the business in a law abiding or professional manner, and/or that the operation of the proposed business would subject patrons of the business to a risk of harm or criminal, deceitful or otherwise unethical practices;

(9)

That another massage establishment is or was operating at that same location and any of the following are true:

a.

The other business's massage establishment license is suspended or was revoked or denied renewal for cause within the previous five years;

b.

The other business's owner had a massage establishment license suspended, revoked, or denied for cause within the previous five years;

c.

The business license administrator has served a notice of suspension, revocation, or denial of renewal regarding the other business's massage establishment license within the previous 15 days; or

d.

An appeal from a notice of suspension, revocation, or denial of renewal is pending;

(b)

In addition to the above grounds for denial of a massage establishment license, the business license administrator shall also deny an application for renewal of a massage establishment license if he/she determines that:

(1)

One or more conditions applicable to the previous license have been violated;

(2)

The business and/or its employees do not comply with city, state, federal or otherwise applicable, codes, rules, regulations or laws, including CAMTC rules or regulations.

(Ord. No. 2016-010, § 1, 9-22-2016; Ord. No. 2018-03, § 1(Exh. A), 10-11-2018)