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))