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A. Application. An application for a massage business permit to the Chief of Police shall be filed on a form provided by the City and shall be signed and submitted under penalty of perjury.

B. Fee. A permit application fee is required. The application fee, which is nonrefundable, shall be set by resolution of the City Council of the City of Chula Vista and shall be reflected in the City’s Master Fee Schedule.

C. Approval or Denial. The Chief of Police shall issue a massage business permit to operate in the City’s jurisdiction to any massage business that demonstrates the following:

1. The business complies with all applicable building, zoning, fire safety, land use, health safety, state and federal laws.

2. The business uses only massage technicians who possess a current, valid and authentic CAMTC certificate.

3. The owner and operators of the massage business have provided all information required by this chapter, have not failed to reveal any fact material to qualification, and have not supplied information that is untrue or misleading as to a material fact pertaining to qualification criteria.

4. The background check for any owner or operator authorized by this chapter shows that any such individual has not been required to register under the provisions of California Penal Code Section 290 (sex offender registration); has not been convicted of a violation of California Penal Code Section 266(h) (pimping), 266(i) (pandering), 315 or 316 (keeping or residing in a house of prostitution), 647(a)(soliciting or engaging in lewd conduct in public), 647(b) (soliciting or engaging in prostitution), or 415 (disturbing the peace), when substituted for one of the previously listed offenses; has not been convicted of any felony drug-related offense involving a controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058; has not been convicted of any act involving theft, dishonesty, fraud, deceit or moral turpitude; has not been convicted in another state of any offense which, if committed in this state, would have been punishable as one or more of the aforementioned offenses; has not had an individual or business permit, certificate or license with any agency, board, city, county, territory or state denied, revoked, restricted or suspended within the last ten years; and has not been subject to an injunction for nuisance under California Penal Code Sections 11225 through 11235 (red light abatement) within the last 10 years.

5. The Chief of Police may deny a massage business permit application, or renewal application, to any massage business that fails to demonstrate compliance with the foregoing requirements. An applicant may appeal a denial pursuant to CVMC 5.36.140.

6. Term. A massage business permit is valid for one year.

7. Transfer. A massage business permit issued by the Chief of Police shall not be transferred, sold, or assigned to any other person or entity, except with the prior written permission of the Chief of Police. A written request for such transfer shall contain the same information for the new ownership as is required on an application for a new massage business permit. No massage business permit that has been suspended or revoked shall be transferred to any other person or entity for five years from the date of such suspension or revocation. Any such transfer, sale or assignment, or attempted transfer, sale, or assignment in violation of this chapter is hereby declared invalid and the permit shall become void effective on the date of such transfer, sale or assignment or attempted transfer, sale, or assignment.

8. Change of Location. A change of location of a permitted massage business shall be approved by the Chief of Police provided the massage business and the new location are in compliance with all applicable local, State and Federal laws.

9. Change of Personnel. An owner or operator shall submit to the Chief of Police an updated list pursuant to CVMC 5.36.070 within seven days of any change to the list. (Ord. 3541 § 1, 2023).