Title 5 BUSINESS TAXES, LICENSES AND REGULATIONS
Chapter 5.37 MASSAGE-ORIENTED ESTABLISHMENTS
5.37.050 Application for massage establishment license.
A. Any application for a license to operate a massage establishment shall
be made to the city manager or his designated representative. The application
fee as required by Section 5.37.040 shall accompany the application.
B. The
license application does not authorize conducting a massage establishment
business until such license has been granted.
C. In addition to the
requirements of this chapter, any applicant shall furnish the following
information:
1. The full true name and any other names used by the
applicant.
2. The present address and telephone number of the
applicant.
3. The previous addresses of applicant, if any, for a period of
three years immediately prior to the date of the application and the dates of
residence at each.
4. Acceptable written proof that the applicant is at
least eighteen years of age.
5. The applicant's height, weight, color of
eyes and hair, and date of birth.
6. Two photographs of the applicant taken
within the past two years. The photographs shall be at least two inches by two
inches and no larger than five inches by seven inches.
7. Business,
occupation, or employment history of the applicant for three years immediately
preceding the date of the application.
8. The business license history of
the applicant and whether such applicant, in previously operating in this or any
other city, state, or territory under license, has had such license revoked or
suspended, the reason therefor, and the business
activity or occupation
subsequent to such action of suspension and revocation.
9. All convictions,
including ordinance violations exclusive of traffic violations, stating the date
and places of such convictions.
10. If the applicant is a corporation, the
name of the corporation shall be set forth exactly as shown in its articles of
incorporation, together with the state and date of incorporation and the names
and addresses of each of its current officers and directors. If the applicant is
a partnership, the application shall set forth the name, residence address, and
dates of birth 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 this section pertaining to
corporate application shall apply. The applicant, whether individual,
corporation or partnership, shall designate one of its officers or general
partners to act as its responsible managing officer. Such designated person
shall complete and sign all application forms required of an individual
applicant under this chapter but only one application fee shall be
charged.
11. The name and address of the owner and lessor of the real
property upon which the business is to be conducted and a copy of the lease or
rental agreement.
12. Such other identification and information as the Los
Angeles County sheriff's department may require in order to discover the truth
of the matters hereinbefore specified as required to be set forth in the
application.
13. The fingerprints of the applicant on a form provided by the
Los Angeles County sheriff's department.
14. A complete plot plan and floor
plan showing the following information:
a. A professionally prepared plot
plan and floor plan drawn to one-eighth-inch scale and one-quarter-inch scale,
respectively, showing all property boundary lines and off-street parking;
and
b. Location of all counters, equipment, partitions, sinks, plumbing,
walls, electrical, and any other alteration or improvement necessary for the
operation of the business.
15. The name of each managerial employee who will
act as the on-site managerial personnel pursuant to Section
5.37.130(L).
D. The city manager shall have ninety days in which to
investigate the application and background of the applicant. The city manager or
his designated representative shall approve or deny the license application in
the manner provided herein. The building department, the fire department, and
the Los Angeles County health department shall inspect the premises proposed to
be devoted to the massage establishment and shall make separate recommendations
to the city manager concerning compliance with the foregoing provisions. The
applicant shall pay a fee, established by resolution of the city council, to the
county health officer as reimbursement for the county health officer's public
health and sanitation services for said inspection. Upon the filing, the
application shall be referred to the Los Angeles County sheriff's department for
an investigation, report, and recommendation. The investigation shall be
conducted to verify the facts contained in the application and any supporting
data. The investigation shall be completed and a report and recommendation made
in writing to the city manager or his designee within forty-five days after the
filing of the application, unless the applicant requests or consents to an
extension of the time period. If the report recommends the denial of the
application, the grounds shall be set forth therein. The findings of the Los
Angeles County sheriff's investigation report shall be transmitted along with
the special use permit application to the city manager for
consideration.
E. The city manager, after receiving the aforementioned
report and recommendations, shall within forty-five days, either approve the
application and grant the license or deny the application and mail written
notification of the reasons to the applicant at the address shown on the
application. If the city manager takes neither action above, the license shall
be deemed to be issued. If, after ninety days from the date on which the
application was submitted, the Los Angeles County sheriff's office has not yet
received a fingerprint report from the Department of Justice, and if all other
requirements for the issuance of a license have been satisfied, the city manager
shall issue a temporary permit pending the results of the fingerprint report.
This temporary permit shall be converted into a standard permit only if the
report from the sheriff indicates that the applicant has not violated any of the
provisions referenced in subsection E5 of this section, otherwise, the temporary
permit shall be null and void. The city manager shall grant the license only if
he or she finds:
1. The required fee has been paid.
2. The application
conforms in all respects to provisions of this chapter.
3. The applicant has
not made a material misstatement in the application for license.
4. The
applicant has fully cooperated in the investigation of his
application.
5. The applicant if an individual, or any officers or directors
if the applicant is a corporation, or any partners, if the applicant is a
partnership, has not, within five years prior to the application filing date,
been convicted in a court of competent jurisdiction of an offense involving
conduct which requires registration under California Penal Code Section 290, or
conduct which is in violation of the provisions of California Penal Code
Sections 266(i), 311 through 311.7, 313.1, 314, 315, 316, 318, or 647(a),
647(b), 647(d), or 647(h) or of any felony offense involving the sale of a
controlled substance specified in Sections 11054, 11055, 11056, 11057, or 11058
of the Health and Safety Code, or any crime involving dishonesty, fraud, deceit,
or moral turpitude.
6. The applicant has not had a massage establishment
license or massage technician permit or similar license or permit denied or
revoked for cause by this city or any other municipality located in or out of
this state within five years prior to the date of this application. Nor has the
applicant nor any employee of the applicant at an establishment operated by the
applicant engaged in any actions which, had the applicant been operating under a
permit, would have constituted grounds for revocation or suspension of such
permit or license within five years of the date of the application.
7. The
massage establishment as proposed by the applicant would comply with all the
applicable laws including, but not limited to, health, zoning, fire, and safety
requirements and standards.
8. The applicant is at least eighteen years of
age. (Ord. 832-97 §§ 1, 2; Ord. 802-96 § 2 (part))
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