5.09.120 - Massage establishment permit required.

(a)

An applicant for the operation of a massage establishment shall apply for and submit a completed application for a massage establishment permit. A massage establishment shall not be permitted to commence or continue business without the required valid permits and licenses.

(b)

An applicant for a massage establishment permit shall file a written, signed and verified application or renewal application on a form provided by the city administrator. Such application shall contain:

(1)

The applicant's legal name, aliases, current residential address and all previous residential addresses (other than post office box) for eight years immediately preceding the present address of the applicant;

(2)

Information regarding the ownership of the massage establishment:

(A)

The type of ownership of the business, i.e., whether by individual, partnership, corporation, or otherwise,

(B)

If the applicant is a corporation, the business name shall be set forth exactly as shown in its articles of incorporation. The applicant shall provide the date of its incorporation, and evidence that the corporation is in good standing under the laws of the State of California. The applicant shall show the name and residential address of each of the officers, directors, and each stockholder owning more than five percent of the stock of the corporation in addition to the name of the registered corporate agent and the address of the registered office for service of process,

(C)

If the applicant is a partnership, the applicant shall provide the name and residential address of each of the partners, including any limited partners, and a copy of the partnership agreement, if any. If the applicant is a limited partnership, the application shall include a copy of its certificate of limited partnership filed with the secretary of state. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply,

(D)

If the massage establishment is owned by an individual, the individual must sign the permit application as the applicant. If the massage establishment is owned by a corporation, partnership or other type of business entity providing for ownership or control by more than one person, the business entity shall designate one of its officers or general partners to act as its responsible managing officer. Such designated officer shall complete and sign all application forms required for an individual applicant under this chapter, but only one application fee shall be charged;

(3)

If the massage establishment is to be operated under a name other than that of the applicant, the applicant shall:

(A)

State the massage establishments' fictitious business name,

(B)

Submit the required registration documents for such fictitious business name;

(4)

The applicant's fingerprints on a form provided by and in a manner prescribed by the sheriff's department and two portrait photographs of the applicant two-inch by two-inch minimum size), taken within the sixty days immediately prior to the date the application is filed, clearly showing the applicant's face. Any fees for the fingerprints and photographs shall be paid by the applicant. If the city approves the permit application, the city shall retain one photograph in the application file and affix the other photograph to the permit issued to applicant;

(5)

The applicant's age, date and place of birth, California driver license number (or California identification card number, if applicant does not have a California driver license), and applicant's state or federally issued tax identification number;

(6)

Whether the applicant, or any proposed massage technicians, employees, owners or operators of the massage establishment, including, if the applicant is a corporation, any of its officers or directors, have ever been convicted of any penal code or municipal code violation, whether a felony or misdemeanor, or lesser offense from the violation originally charged, and, if so, the date, place, nature of each conviction or plea of nolo contendere and the identity of the convicting jurisdiction, or whether the applicant is required to register under the provisions of Section 290 of the Penal Code;

(7)

Whether the applicant, or any proposed massage technicians, employees, owners or operators of the massage establishment, including, if the applicant is a corporation, any of its officers or directors, have ever been convicted of any penal code or municipal code violation, whether a felony or misdemeanor, or lesser offense from the violation originally charged, and, if so, the date, place, nature of each conviction or plea of nolo contendere and the identity of the convicting jurisdiction, or whether the applicant is required to register under the provisions of Section 290 of the Penal Code;

(8)

A detailed description of the operation and type of services to be provided by the massage establishment and the number of massage technicians and other persons to be employed by the business;

(9)

Hours of operation;

(10)

The address of the proposed massage establishment location and floor plan indicating how the use is proposed to be conducted within the building;

(11)

The names and residential addresses of all persons who will manage or supervise the massage establishment;

(12)

The amount and location of security, security cameras, both within the interior and exterior premises of the massage establishment;

(13)

A list of names and residential addresses of all massage technicians who will provide massage services at the massage establishment;

(14)

A description of any other business operated on the same premises, or within the city or the State of California that is owned or operated by the applicant;

(15)

Applicant's complete business, occupation and employment history for eight years preceding the date of application, including, but not limited to, the massage or similar business history and experience of the applicant;

(16)

The complete massage permit history of the applicant, including but not limited to whether the applicant has ever had any permit or license issued by any agency, board, city, county, territory, or state; the date of issuance of such permit or license; whether such license was denied, revoked or suspended, or if a vocational or professional license or permit was denied, revoked or suspended, and the reasons therefore;

(17)

The name and address of the owner and lessor of the real property upon or in which the business is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized acknowledgement from the owner of the property that a massage establishment will be located on his or her property;

(18)

For a renewal application, the applicant shall attach a copy of the permit to be renewed and shall indicate any changes to any information filed with the previous application;

(19)

Applicant's authorization for the city, its employees, agents, and contractors, to seek information and conduct investigations to determine the truthfulness of the statements and information set forth in the application and applicant's qualifications for a permit;

(20)

A notarized affidavit signed by applicant stating that applicant has reviewed and is familiar with the requirements set forth in this chapter and that all information contained in the application is true and correct.

(c)

The applicant shall notify and cause the Los Angeles County Department of Health Services to inspect the premises sought to be permitted to ensure compliance with all applicable health laws. The applicant shall submit a copy of the Los Angeles county department of health services inspection report to the city's business license division within one hundred and eighty days after the date of filing a complete application with the city. All fees charged by the city that shall in turn pay such fees to the Los Angeles county department of health services. The fees shall be due and payable to the city upon the filing of the application to the city and failure to pay such fee will result in an incomplete application.

(d)

All applications for a permit or renewal shall be filed with the city business license division of the city of Commerce subject to investigation by the sheriff's department. Each application shall be accompanied by a nonrefundable fee for filing or renewal in an amount determined by resolution of the city council, which fees will be used to defray the costs of investigation, inspection and processing of such application. Upon receipt of an application properly filed with the city business license division and upon payment of the nonrefundable application fee, the city business license division shall immediately stamp the application as received and shall immediately thereafter send photocopies of the application to the sheriff's department. The sheriff's department shall promptly conduct an investigation of the applicant and the proposed massage establishment permit application in accordance with its responsibilities under the law and as set forth in this chapter. At the conclusion of its investigation, the sheriff's department shall submit the results of its investigation on the photocopy of the application, dated, signed and returned to the city business license division. The sheriff's department's investigation shall be completed within ninety days of the applicant's filing of a complete application with the city. An application shall not be deemed to be complete until the city has received payment of the required application fee and all information and/or documentation required by this section. If the fingerprint report demonstrates that the applicant has made any false, misleading or fraudulent statement of material fact in the application, the application shall be denied by the city administrator or his or her designee.

A permit shall automatically be issued if a decision has not been made by the city business license division on the application for a permit within ninety days of receipt of a completed application. Any permit issued pursuant to this subsection shall be deemed conditional pending the city's receipt of the California department of justice report on the fingerprints submitted by the applicant. If the fingerprint report demonstrates that the applicant has made any false, misleading or fraudulent statement of material fact in the application or in any report or record relevant to the permit required to be filed with the sheriff's department, or other department of the city, the permit shall be subject to revocation pursuant to Section 5.09.170.

(e)

In considering an application for a permit pursuant to this chapter, the city business license division shall approve the permit, unless it finds that one or more of the following is true:

(1)

The proposed massage establishment and any building, structure, equipment and location to be used by the proposed massage establishment does not comply with the requirements and standards of the health, zoning, fire, and safety laws, and any other applicable laws, of the State of California or of the city;

(2)

Any applicant, or any employee, agent, partner, director, officer, stockholder or manager of applicant, has knowingly made any false, misleading or fraudulent statement of material fact in the application or in any report or record relevant to the permit required to be filed with the sheriff's department, or other department of the city;

(3)

Any applicant (not including a massage technician), agent, partner, director, officer, stockholder or manager of applicant, has had any type of massage establishment permit or massage technician permit denied or revoked for cause by any public entity within eight years of filing the application.

(4)

The applicant is under eighteen years of age;

(5)

The applicant is delinquent in paying city business license fees or penalties owed in relation to any massage establishment;

(6)

Failure to provide a complete application within forty-five days from the date the application is filed;

(7)

The application or permit fee required by this chapter has not been paid; or

(8)

The applicant, or any proposed massage technician, employee (not including a massage technician), owner or operator of the massage establishment, including, if the applicant is a corporation, any of its officers or directors, has been convicted of any penal code or municipal code violation, whether a felony or misdemeanor, or lesser offense from the violation originally charged, and, if so, the date, place, nature of each conviction or plea of nolo contendere and the identity of the convicting jurisdiction, or whether the applicant is required to register under the provisions of Section 290 of the Penal Code.

(f)

Applicants for a permit under this section shall have a continuing duty to promptly supplement application information required by this section in the event that the information changes in any way from what is stated on the application. Applicant's failure to supplement the application on file with the city business license division within thirty days from the date the information changes shall be grounds for suspension of the permit.

(g)

The fact that an applicant possesses other types of state or city permits and/or licenses does not exempt the applicant from the requirement of obtaining a massage establishment permit.

(h)

Any massage establishment requiring a massage establishment permit shall also obtain a business license pursuant to Title 5, Chapter 5.04 of the Commerce Municipal Code.

(Ord. 577 §1(part), 2004).

(Ord. No. 648, §§ 2, 3, 11-20-2012)