5.56.090 Massage establishment—License—Grounds for denial.
Any person engaged in, conducting, or carrying on the operation of a massage establishment, in or upon any premises within the city, shall first obtain a license from the city. A massage establishment license shall be issued to any person who has complied with the requirements of Sections 5.56.070 and 5.56.080, and all other applicable provisions of this code unless grounds for denial of such license are found to exist. The grounds or denial are as follows:
A. The applicant made a material misstatement in the application for license;
B. The applicant has, within five years immediately preceding the date of the filing of the application, been convicted in a court of competent jurisdiction of:
1. Any offense which relates directly to the operation of a massage establishment, whether as a massage establishment owner or operator, or as a massage technician; or
2. Any felony the commission of which occurred on the premises of a massage establishment; or
3. An offense which involved conduct which required registration under California Penal Code Section 290; or
4. Any violation of Section 2661, Sections 311 – 311.7, 313.1, 314, 316, 316, 318 or 647(a), 647(b), 647(d), or 647(h) of the California Penal Code or of any offense involving theft of property or violence, or conspiracy or attempt to commit any such offense; or
5. Any felony offense involving the sale of a controlled substance specified in Section 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety Code; or
6. Any offense in a jurisdiction outside the state which is the equivalent of any of the aforesaid offenses;
C. The applicant, any officers, director or any holder of more than five percent of the stock of any corporate applicant, or any partner, including, limited partners, of any partnership applicant, has, within five years immediately preceding the date of the filing of the application, been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Sections 11225 – 11235 of the California Penal Code, or any similar provisions of law in a jurisdiction outside the state; or
D. That the operation of a massage establishment, as proposed by the applicant if permitted, would not comply with all applicable laws, including, but not limited to, all city ordinances and regulations;
E. That the operation of the proposed massage establishment is likely to be injurious to the health, safety, welfare and interest of the people of the city;
F. That the applicant is lacking in the background and qualifications to conduct a bona fide massage establishment; or
G. That the applicant has violated any provision of this chapter, or of any similar ordinance, law, rule or regulation of another public agency which regulates the operation of massage establishments. (Ord. 1002 § 1 (part), 1984: prior code § 4906)