SEARCH SCCgov

HOME | A-Z SERVICES | CONTACTS | FAQs | SUGGESTIONS | SITE MAP | ABOUT US   AGENCIES & DEPTS

County Connection |Handling Emergencies |Living and Working |Health and Human Care |Doing Business |Law and Justice

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

Previous heading / Next heading / Table of Contents

__________

Sec. B22-9. Action by the Sheriff on permit application.

(a) The Sheriff shall either issue or deny a permit within 90 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 B22-8, along with any other relevant evidence.

(b) The Sheriff shall deny an establishment permit, a therapist permit, or a trainee permit or the renewal thereof on any of the following grounds:

(1) The applicant or the owner or operator of a massage establishment has been convicted of a violation of Penal Code § 266i, 311--311.7, 314, 315, 316, 318, 647(b) or 647(d); or equivalent offenses under the laws of another jurisdiction, even if expunged.

(2) The applicant or the owner or operator of a massage establishment is required to register under the provisions of California Penal Code § 290.

(3) The operation of a massage establishment at the proposed location would be injurious to the health, safety or welfare of the people of the County, or would not be in compliance with the applicable zoning regulations.

(4) The applicant knowingly made a material misstatement of fact in the license application.

(5) The applicant or the owner or operator of a massage establishment has had any massage establishment or therapist permit or license, which was issued by the State of California, or by any county or municipality, revoked.

(c) The Sheriff, in his or her sole discretion, may deny an establishment permit, a therapist permit, or a trainee permit or the renewal thereof on any of the following grounds. In exercising such discretion, the Sheriff may consider whether there have been any convictions within the ten years prior to the date of the application and whether there have been any additional arrests for violations of the offenses listed.

(1) The applicant or the owner or operator of a massage establishment has been convicted in a court of competent jurisdiction of any crime in conjunction with or as a result of the operation of a massage establishment or adult business.

(2) The applicant or the owner or operator of a massage establishment has been convicted in a court of competent jurisdiction of any sex-related crime or crime of moral turpitude.

(3) The applicant has been convicted in a court of competent jurisdiction of any misdemeanor or felony offense which relates directly to the operation of a massage establishment, whether as a massage establishment owner or operator, or as a massage therapist.

(4) The applicant or owner or operator of a massage establishment has been convicted of any felony offense involving the sale of a controlled substance specified in Health and Safety Code § 11054, 11055, 11056, 11057 or 11058; or equivalent offenses under the laws of another jurisdiction, even if expunged.

(5) The applicant or owner or operator of a massage establishment has been convicted in a court of competent jurisdiction of any offense involving the use of force and violence upon the person of another which constitutes a felony.

(6) The applicant or the owner or operator of a massage establishment has previously violated the provisions of this division or of any similar ordinance, law, rule or regulation of the County or another public agency which regulates the operation of massage establishments or massage therapists.

(d) If a permit or a renewal thereof is approved, the Sheriff may include such restrictions and conditions in the permit as he/she deems reasonable and necessary under the circumstances to ensure compliance with the purposes and intent of this division. 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 filed. Notice of the Sheriff's decision shall be given to the permit applicant by personal delivery or by certified mail.

(Ord. No. NS-516.3, § 1, 1-9-01)

__________

County Policy | Privacy Policy | Accessibility | Site Map | Contact Webmaster | Site Help All Content Copyright ©2007, the County of Santa Clara, CA