§ 467-100. PERMIT—CRITERIA FOR GRANTING AND DENYING PERMITS

(a)

The Sheriff shall either issue or deny a permit within 60 calendar days following receipt of a completed application. In taking such action, the Sheriff shall consider the recommendations of the County officials investigating the application pursuant to Section 467-090, along with any other relevant evidence.

(b)

The Sheriff may deny a massage establishment permit, a massage practitioner permit or the renewal thereof on any of the following grounds:

(1)

The applicant, within five years of the date of application, has been convicted in a court of competent jurisdiction of a violation of Penal Code §§ 266, 266h, 266i, 311.1-311.7, 314, 315, 316, 318, 647(b), 647(d) or 653.22; or equivalent offenses under the laws of another jurisdiction.

(2)

The applicant, within five years of the date of application, has been convicted in a court of competent jurisdiction of any offense involving the use of a controlled substance, other than marijuana, specified in Health and Safety Code §§ 11054, 11055, 11056, 11057 or 11058, or equivalent offenses under the laws of another jurisdiction.

(3)

The applicant is subject to a permanent injunction against conducting or maintaining a nuisance pursuant to Section 11225 through 11235, inclusive, of the California Penal Code, or any equivalent provisions under the laws of another jurisdiction.

(4)

The applicant is required to register under the provisions of California Penal Code § 290.

(5)

The applicant, within five (5) years of the date of the application, has been convicted in a court of competent jurisdiction of any crime in conjunction with or directly relating to the operation of a massage establishment, or the practice of massage.

(6)

The applicant knowingly made a material misstatement of fact in the application required under this chapter.

(7)

The applicant has not met the educational requirements set forth in this chapter.

(8)

The applicant, if an individual, has not attained the age of 18 years of age.

(9)

The applicant, within five years of the date of application, has had a massage establishment or massage practitioner permit, or renewal thereof, issued under this chapter revoked under the authority of Section 467-130.

(c)

The Sheriff may grant a massage establishment or massage practitioner permit, or annual renewal thereof, provided the requirements of Sections 467-040, 467-060, 467-080, 467-160, 467-170 are satisfied, unless the applicant is disqualified pursuant to subsection (b), above, or the massage establishment would not comply with all other applicable laws and regulations, including without limitation, the building, zoning and health regulations of the County of Sutter.

(d)

If a permit or a renewal thereof is approved, the Sheriff may include such restrictions and conditions in the permit as he or she deems reasonable and necessary under the circumstances to ensure compliance with the purposes and intent of this chapter. Upon approval of a permit or renewal thereof, the Sheriff shall prepare and forward to the applicant written notice that the permit has been granted or renewed, and a statement of any conditions attached thereto. No decision of the Sheriff upon an application for a permit or renewal thereof shall become final until the 15-calendar-day period in which an appeal may be made to the Board of Supervisors has elapsed without an appeal having been file. Notice of the Sheriff's decision shall be given to the permit applicant by personal delivery or by certified mail.

(e)

If a permit or renewal thereof is denied, the Sheriff shall serve a written notice of denial upon the applicant by personal delivery or by certified mail. Such notice shall specify the ground(s) of denial, and shall include information concerning appeal rights and procedures, as provided in Section 467-140.

(Ord. No. 1641, § 1, 11-7-2017)