Article IV — DANCE PERMIT PROCEDURES

SEC. 11-140. PURPOSE.

The purpose of this article is to establish a procedure for processing dance permits required by article V of this chapter.

(`64 Code, Sec. 12-1.1) (Ord. No. 2386, 2811, 2851)

SEC. 11-141. APPLICATIONS.

The license collector shall provide each applicant for a dance permit with a form specifying the information required for the permit. The city shall begin processing an application when the completed form, the applicable fee, and documents required are provided to the license collector. For purposes of this article, the police chief or designee shall be the license collector.

(`64 Code, Sec. 12-1.2) (Ord. No. 2386, 2811, 2851, 2977, 3052)

SEC. 11-142. INVESTIGATION AND REPORT.

On receiving the completed form and applicable fee, the license collector shall refer the completed application to appropriate city service providers, such as police, fire, building and planning, to investigate and report as to whether the applicant and the activity for which the permit is sought comply with applicable laws and regulations. The report shall state with specificity any corrective action that the applicant must take in order to so comply and any conditions to be imposed on the permit. All service providers to which the application was referred shall give written reports of their investigations to the license collector.

(`64 Code, Sec. 12-1.3) (Ord. No. 2386)

SEC. 11-143. ISSUANCE OF PERMIT.

If the reports state no basis on which the permit cannot be issued and state no corrective action that must be taken before the permit can be issued, the license collector shall issue the permit, subject to any conditions recommended by the service providers.

(`64 Code, Sec. 12-1.4) (Ord. No. 2386, 2811, 2851)

SEC. 11-144. NOTICE OF CORRECTIVE ACTION.

If the reports state that corrective action must be taken before the permit can be issued, the license collector shall give written notice to the applicant of the corrective action to be taken, describing the corrective action with specificity.

(`64 Code, Sec. 12-1.5) (Ord. No. 2386)

SEC. 11-145. TAKING CORRECTIVE ACTION.

If within 60 calendar days of the mailing of the notice of corrective action, the applicant submits evidence that the corrective action has been taken, the license collector shall refer such evidence to the service provider requiring the corrective action for verification that the corrective action was taken. The service provider to which the evidence was referred shall give a written report to the license collector, stating whether the corrective action described in the notice to the applicant was

taken. If the report states that all corrective action was taken as described in the notice, the license collector shall issue the permit.

(`64 Code, Sec. 12-1.6) (Ord. No. 2386)

SEC. 11-146. DENIAL OF PERMIT.

In the following circumstances, the license collector shall send the applicant written notice that the application is denied:

(A) A service provider's report given to the license collector pursuant to section 11-142 states that the applicant or the activity for which the permit is sought does not comply with applicable laws and regulations, and the report states no corrective action.

(B) The applicant is sent a notice of corrective action and does not timely appeal such notice or submit timely evidence that the corrective action has been taken, or a service provider's report given to the license collector pursuant to section 11-145 states that the corrective action of which evidence was submitted was not taken as described in the notice.

(`64 Code, Sec. 12-1.7) (Ord. No. 2386)

SEC. 11-147. HEARING OFFICER.

The city manager shall act as hearing officer in matters for which this article provides a hearing.

(`64 Code, Sec. 12-1.8) (Ord. No. 2386)

SEC. 11-148. REQUEST FOR HEARING BY APPLICANT.

The applicant may request a hearing if:

(A) The applicant receives written notice that the application is denied. The request for hearing must be received by the license collector within 14 days after the license collector mailed the notice of denial to the applicant.

(B) The applicant receives written notice that corrective action must be taken to comply with applicable laws and regulations, and the applicant does not agree that such corrective action is necessary in order to so comply. The request for hearing must be received by the license collector within 14 days after the license collector mailed such notice of corrective action to the applicant.

(C) The applicant receives a permit on which conditions have been imposed, and the applicant does not agree that one or more such conditions are necessary. The request for hearing must be received by the license collector within 14 days after the license collector mailed the permit to the applicant.

(`64 Code, Sec. 12-1.9) (Ord. No. 2386)

SEC. 11-149. FORM AND CONTENT OF APPLICANT'S REQUEST FOR HEARING.

An applicant's request for hearing shall be in writing, shall attach a copy of the notice of denial, notice of corrective action or permit received by the applicant, and shall state the reasons that the applicant alleges the notice or permit conditions to be incorrect or unnecessary. An applicant's request for hearing must be accompanied by the hearing fee set by resolution of the city council.

(`64 Code, Sec. 12-1.10) (Ord. No. 2386)

SEC. 11-150. SETTING HEARINGS; NOTICE.

On receiving a request for hearing, accompanied by the hearing fee, the license collector shall send the request to the hearing officer, and the hearing officer shall set the matter for hearing. At least ten days before the hearing, the hearing officer shall mail written notice of the date, time and place of hearing to the applicant.

(`64 Code, Sec. 12-1.11) (Ord. No. 2386)

SEC. 11-151. CONDUCT OF HEARINGS.

(A) All hearings shall be open to the public.

(B) The applicant shall first present evidence to justify issuance of the permit or noncompliance with corrective action or removal of permit conditions. Thereafter, a representative of the city may present evidence. The burden of proof to justify issuance of the permit or noncompliance with corrective action or removal of permit conditions is on the applicant for the permit.

(C) The hearing officer shall conduct the hearing in an informal fashion and shall not be bound by the technical rules of evidence.

(`64 Code, Sec. 12-1.12) (Ord. No. 2386)

SEC. 11-152. DECISION.

Within 14 days of the conclusion of the hearing, the hearing officer shall issue and mail to the applicant a written decision containing a statement of the reasons on which the decision is based. The hearing officer shall give such decision to the license collector, who shall keep the decision with the application for the permit.

(`64 Code, Sec. 12-1.13) (Ord. No. 2386)

SEC. 11-153. JUDICIAL ACTION.

The applicant may seek judicial review of the decision of the hearing officer in accordance with Cal. Code of Civil Procedure, Sections 1094.5 and 1094.6.

(`64 Code, Sec. 12-1.14) (Ord. No. 2386, 2493)

SEC. 11-154. REVOCATION OR MODIFICATION.

(A) A dance, massage technician or massage establishment permit may be revoked or modified or conditions may be imposed for failure of the permittee to comply with applicable laws and regulations, based on matters occurring after the permit is issued or on matters not considered at the time of issuance of the permit that would have authorized denial of the permit or the imposition of conditions on the permit. If a massage technician permit is revoked, the massage technician identification badge shall also be revoked.

(B) Any person, including a city officer or employee, may file with the license collector a written request for revocation or modification of a permit, stating facts showing that the permittee failed to comply with applicable laws, regulations or permit conditions.

(C) If the request is filed by a city officer or employee on behalf of a city service provider, the request shall be accompanied by a written report, stating wherein the permittee has not complied with applicable laws, regulations or permit conditions and recommending that the permit be revoked or in what respect the permit should be modified or conditioned.

(D) If the request is not filed by a city officer or employee, the request shall be accompanied by the investigation and report fee set by resolution of the city council. On receiving the request and fee, the license collector shall refer the request to the appropriate city service provider for investigation and report. The service provider shall give a written report to the license collector, stating whether the permittee has complied with applicable laws, regulations or permit conditions and recommending whether and in what respect the permit should be revoked, modified or conditioned.

(E) If the report referred to in subsection (D) of this section states no basis on which the permit should be revoked, modified or conditioned, the license collector shall mail to the permittee and to the person who filed the request for revocation or modification a notice that the permit will not be revoked, modified or conditioned and stating the reasons for that decision.

(F) If the report referred to in subsections (C) or (D) of this section states that the permittee has not complied with applicable laws, regulations or permit conditions and recommends revocation, modification or conditioning of the permit, the license collector shall mail to the permittee and to the person who filed the request for revocation or modification a notice that the permit is recommended for revocation, modification or conditioning in a specific manner and stating the reasons for that recommendation. The notice shall inform the permittee that the recommendation will be adopted and the permittee will be deemed to concur with the recommendation if the permittee does not make a written request for a hearing as provided in subsection (G) of this section.

(G) On receiving the notice referred to in subsection (F) of this section, the permittee may make a written request for a hearing. The request must be received by the license collector within 14 days after the license collector mailed the notice of recommended revocation or modification to the permittee and be accompanied by the hearing fee set by resolution of the city council. The request for hearing shall attach a copy of the notice of recommended revocation, modification or conditioning received by the permittee and shall state the reasons that the permittee alleges the notice to be incorrect.

(H) If a timely request for hearing, accompanied by the hearing fee, is received by the license collector, the procedure set out in subsections (I) through (N) of this section shall apply. If such a request is not so received, the license collector shall mail to the permittee a notice that the recommended revocation, modification or conditions have been adopted.

(I) The license collector shall send the request for hearing to the hearing officer, and the hearing officer shall set the matter for hearing. At least ten days before the hearing, the hearing officer shall mail written notice of the date, time and place of hearing to the permittee.

(J) The hearing shall be open to the public.

(K) A representative of the city shall first present evidence to justify the proposed revocation, modification or conditioning of the permit. Thereafter, the permittee may present evidence. The burden of proof to justify revocation, modification or conditioning of the permit is on the city.

(L) The hearing officer shall conduct the hearing in an informal fashion and shall not be bound by the technical rules of evidence.

(M) Within 14 days of the conclusion of the hearing, the hearing officer shall issue and mail to the applicant a written decision containing a statement of the reasons on which the decision is based. The hearing officer shall give such decision to the license collector, who shall keep the decision with the application for the permit.

(N) The permittee may seek judicial review of the decision of the hearing officer in accordance with Cal. Code of Civil Procedure, Sections 1094.5 and 1094.6.

(`64 Code, Sec. 12-1.15) (Ord. No. 2386, 2412, 2493, 2811)

SEC. 11-155. REAPPLICATION.

An applicant whose application for a permit is denied, or a permittee whose permit is modified or revoked, whether or not the denial, revocation or modification was heard by a hearing officer, may not apply for the same type of permit for six months after the decision by the license collector or the hearing officer, unless the applicant or permittee demonstrates changed circumstances sufficient to justify issuance of the permit.

(`64 Code, Sec. 12-1.16) (Ord. No. 2386)

SEC. 11-156. EFFECTIVE DATE OF PERMIT.

A permit shall be effective to allow the permittee to exercise the privileges conferred by the permit only after the license collector has issued a written permit. Issuance of a permit does not relieve the permittee of the continuing duty to meet the requirements of other applicable laws and regulations, including the Uniform Building, Electrical, Plumbing, Mechanical and Fire Codes, as adopted and modified by the city.

(`64 Code, Sec. 12-1.17) (Ord. No. 2386)

SEC. 11-157. DURATION AND RENEWAL.

(A) Unless otherwise specified in the permit, dance, massage technician and massage establishment permits issued shall remain in effect until modified or revoked or until the activity for which the permit was issued ceases to be provided at the same address or facility or by the same permittee.

(B) If an expiration date is specified in the permit, the permit shall expire on that date. Unless the permit was issued for a specific event or events, a massage technician permit issued before January 1, 2012, a massage establishment permit issued before January 1, 2012, and any dance permit may be renewed in the following manner:

(1) Dance and massage establishment permits may be renewed by submitting to the license collector a renewal application, accompanied by the renewal fee set by

resolution of the city council, no later than 30 days before the date the permit expires.

(2) Massage technician permits may be renewed by submitting the following to the license collector:

(a) A renewal application, accompanied by the renewal fee set by resolution of the city council, no later than 30 days before the date the permit expires;

(b) Proof of successful completion of a written practical examination administered by a certificant certified by the National Certification Board for Therapeutic

Massage and Bodywork dated within one year of the date the renewal application is submitted or a certificate issued by the National Certification Board for Therapeutic Massage and Bodywork.

(C) Submittal of a renewal application less than 30 days before the date the permit expires or after the date the permit expires does not keep the permit in effect. Such an application shall be accompanied by the fee for an original application and be processed in the same manner as an original application.

(`64 Code, Sec. 12-1.18) (Ord. No. 2386, 2811, 2823, 2851)

SEC. 11-158. NO TRANSFER.

A permit may not be assigned by the original permittee to another person or transferred from the original location or facility to another location or facility.

(`64 Code, Sec. 12-1.19) (Ord. No. 2386)

SEC. 11-159. DISPLAY OF PERMIT.

The permit issued pursuant to this article shall be displayed conspicuously at all times at the location where the activity is authorized.

(`64 Code, Sec. 12-1.20) (Ord. No. 2386)