5.60.130 - Aromatherapy technician permit required.

(a)

An aromatherapy technician shall not engage in or participate in any aromatherapy activities in the city unless the aromatherapy technician has applied for and been issued a current aromatherapy technician permit.

(b)

An applicant for an aromatherapy technician 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)

Applicant's legal name and any other names or aliases used by the applicant;

(2)

Applicant's age, date of birth, and place of birth;

(3)

Applicant's current residential address and telephone number;

(4)

Applicant's California driver license number or California identification card number;

(5)

Satisfactory written proof that the applicant is at least eighteen years of age;

(6)

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;

(7)

A statement detailing the applicant's employment and permit history for the five years immediately preceding the date of the filing of the application, including whether the applicant was previously licensed, permitted, or authorized conduct business or was seeking such license, permit, or authorization to conduct business in this or any other county, city, or state, and whether the applicant has ever had such license, permit, or authorization to conduct business, denied, revoked, or suspended. In the event of any such denial, revocation or suspension, state the date, the name of the issuing or denying jurisdiction and describe in full the reasons for the denial, revocation, or suspension;

(8)

Whether the applicant has 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;

(9)

If the application is made for the purpose of renewing a permit, the applicant shall attach a copy of the permit to be renewed;

(10)

For a renewal of a permit under this section, the applicant shall also indicate any changes to the application since the filing of the initial application;

(11)

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;

(12)

An original or certified copy of a diploma or certificate of graduation from a recognized school of aromatherapy;

(13)

Proof that the applicant has, within twelve months immediately preceding the date of application, passed an examination administered by the county of Los Angeles health department;

(14)

Proof that the applicant has obtained a certification from the aromatherapy registration council to perform aromatherapy shall be required of all aromatherapy technicians seeking to apply for or to renew a permit issued pursuant to this section. The city shall commence revocation deny renewal of the permit or initiate proceedings to revoke the permit per Section 5.60.170 should the aromatherapy technician not comply with the certification requirements.

(c)

All applications for a permit or renewal shall be filed with the city business license division 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 shall be used to defray the costs of investigation, inspection and processing of such application.

(d)

The report of the sheriff's department regarding a permit application shall be issued within ninety days of filing a complete application. At the conclusion of the investigation, the results shall be indicated on the photocopy of the application, dated, signed and returned to the city business license division. 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 for 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 permit application, in any report or record required to be filed with the sheriff's department, or other department of the city the application shall be denied. If, however, a permit is issued and the fingerprint report demonstrates that the applicant has made any false, misleading or fraudulent statement of material fact in the permit application or in any report or record 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)

Following the sheriff's department's investigation, the city business license division shall issue a permit or renewal, unless one or more of the following are found to be true;

(1)

The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit 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;

(2)

The applicant had any type of aromatherapy establishment permit or aromatherapy technician permit revoked by any public entity within two years of the date of the application;

(3)

The applicant is under eighteen years of age;

(4)

The applicant is delinquent in paying city fees or penalties owed in relation to the aromatherapy technician permit;

(5)

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

(6)

That the applicant 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;

(7)

Prior revocation of a permit or business license from a municipal or governmental agency.

(f)

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 an aromatherapy technician permit.

(g)

Any application for a permit pursuant to this chapter is considered to be a ministerial act. Issuance or denial of the permit under the chapter is not subject to administrative appeal. The decision of the city business license division is subject to prompt judicial review by a court of competent jurisdiction in accordance with California law.

(Ord. 578 §1(part), 2004).