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Any person acting or desiring to act as a massage technician within the city shall first obtain a valid permit issued by the chief of police. A massage technician permit shall be issued to any person who has complied with the requirements of Section 5.56.110 and 5.56.120 and all other applicable provisions of this code, unless grounds for denial of such permit are found to exist. The grounds for denial are as follows:

A. The applicant made a material misstatement in the application for a 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, 315, 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 Sections 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, or any persons employed by the applicant has, within ten 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 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:

E. That the applicant has not provided proof of graduation from a recognized school of massage. The chief of police is authorized to determine whether minor variations from this requirement, with respect to a particular applicant, are insignificant and find that the applicant has substantially complied with the basic education requirement so as to satisfy this provision. (Ord. 1002 § 1 (part), 1984: prior code § 4909)