ORD 1970 - Laserfiche WebLink

Ordinance No. 1970 Page 11 of 17 9. During the ten (10) years preceding the date of the application, the applicant was convicted of, or pled guilty or no contest to a violation of California Penal Code Section 415 as a result of an arrest for violation of California Penal Code Section 647(b), or equivalent offense under the laws of another jurisdiction; 10. During ten (10) years preceding the date of the application, the applicant has been successfully prosecuted under the Red Light Abatement Act (California Penal Code section 11225 et seq.), or equivalent offense under the laws of another jurisdiction. 11. During the ten (10) years preceding the date of the application, the applicant has been convicted of, or pled guilty or no contest to, any other offense involving dishonesty, fraud, deceit, violence, or moral turpitude. 12. Conspiracy or attempt to commit any of the aforedesignated offenses in 6.24.110(8). 13. The applicant has made a material misrepresentation in the application or supplementary material submitted with the application. C. The Police Chief may deny the application for a permit if any of the following circumstances exist: 1. During the ten (10) years preceding the date of the application, the applicant has had a license, certificate, or permit related to massage suspended by the City or any public agency. 2. During the ten (10) years preceding the date of the application, the applicant has engaged in, conducted, or operated a massage establishment, or has engaged in, conducted, or operated as a massage therapist, in a manner which would be grounds for denial, suspension, or revocation of a permit under this Chapter. D. The Police Chief shall give written notice of the grounds for denial to the applicant personally or by first class mail, postage prepaid, at the address provided in the application. The notice shall advise the applicant of the right to appeal the decision. 6.24.120 Appeal. The Police Chief's decision to deny the application for a permit may be appealed to the City Manager by the applicant through the following procedure: A. Within ten (10) days after mailing or personal service of the notice of denial, the applicant shall file with the City Clerk a written request for an appeal hearing, which states the specific grounds for appeal. B. As soon as practicable after receiving the appeal, the City Clerk shall set a date for the City Manager to hear the appeal, which date shall be no more than thirty (30) days from the date the appeal was filed. The City Clerk shall give each appellant written notice of the time and place of the hearing at least ten (10) days prior to the date of the hearing, either by causing a copy of the notice to be delivered to the appellant personally or by certified mail addressed to the appellant at the address shown on the appeal. Continuances of the hearing may be granted by the City Manager on request of the appellant for good cause shown, or on the City