Tustin Municipal Code Part 1 Issuance of Permits/Term/Annual Update/Renewal

Applicants for City permits required by this Article shall obtain an application form from the Director and shall pay any applicable application fee. The fee shall be as provided by resolution of the City Council to cover the cost of processing and investigation. Upon determining that the application is complete, the Director shall make such investigation and review to determine the fitness and qualifications of the applicant and the effect, if any, of the application on the public peace, safety, welfare, and safety of the City. The Director may issue a permit with conditions necessary to protect the health, safety, or welfare of the City or deny a permit. Alternatively, the Director may report the results of the investigation to the Planning Commission and request the Planning Commission to hold a hearing and make the permit decision. All permit issuance decisions shall be in writing with reasons given for a denial. An appeal may be filed on the Director's or the Planning Commission's decision in accordance with Part 3 of this Chapter.

(Ord. No. 1252, Sec. II, 6-3-02)

An application for a permit, including renewal of a permit, may be denied for any of the following reasons:

(1) The applicant has made material misrepresentations of fact or omitted material information required by the application;

(2) The applicant does not meet the prerequisites for a permit as specified in this Article. The Director or the Planning Commission has the discretion to evaluate information presented to satisfy prerequisites and to determine its credibility or reliability;

(3) In the case of a renewal, the permit may be also denied if the permittee has failed to abide by the operational regulations specified in this code or the conditions of the permit. The proposed denial of the renewal of a permit for these reasons shall be heard and decided by the Director or the Planning Commission;

(4) In the case of an adult entertainment booking agency, massage establishment, or mobile ice cream vendor, if the applicant or any of his/her manages, supervisors, or employees have been convicted within the last five (5) years of any offense classified by the State of California as an offense involving sexual crimes against children, sexual abuse, rape, kidnapping, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to, the violation of any crime requiring registration under California Penal Code Section 290, or any violation of Penal Code sections 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316, or 647, or any offense outside the State of California that would constitute any of the above-described offenses if committed within the State of California, or if the applicant or any of his/her agents, managers, supervisors, employees, or independent contractors have been convicted within the five (5) years immediately preceding the application of any offense involving the sale of a controlled substance specified in Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058, or the possession for sale and/or possession of a controlled substance, as specified above, or been subjected to a permanent injunction against the conducting or maintaining of nuisance pursuant to Sections 11225 through 11235 of the California Penal Code, or any similar provisions of law in a jurisdiction outside the state;

(5) Any applicant has engaged in conduct in the City or in another jurisdiction which, if it had occurred within the City, would constitute grounds for denial, suspension, or revocation under any Part under this Article;

(6) Any applicant has been convicted within the five (5) years immediately preceding the application of an act involving dishonesty, fraud, deceit or an act of violence, which act or acts are related to the qualifications, functions, or duties of the permittee;

(7) The application does not contain all of the information required by the Part applicable to the permit application;

(8) In the case of a massage establishment:

(a) The applicant has had a massage establishment permit, MTO certificate, massage technician permit or other similar license or permit denied, suspended, revoked, or refused to be renewed for cause by a permitting authority or by any city, county, or state; or

(b) The massage establishment as proposed by the applicant does not comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards; or

(c) The applicant, or any of the applicant's employees or independent contractors, has violated a provision of Business and Professions Code Sections 4600 through 4613.

Denial of permits, including renewals of permits, may be appealed in accordance with Part 3 of this Chapter.

(Ord. No. 1252, Sec. II, 6-3-02; Ord. No. 1380, Sec. III, 6-15-10)

Unless a different term is specified in this Article, permits shall be valid from the date of issuance until revoked or abandoned. Massage establishment permits shall be valid from the date of approval by the City until June 30 of the following calendar year, and shall be renewed annually on or before June 30.

(Ord. No. 1252, Sec. II, 6-3-02; Ord. No. 1380, Sec. III, 6-15-10; Ord. No. 1467, § I, 7-5-16)

Information required on the application for the original permit shall be updated and corrected by the applicant as appropriate on an annual basis, or as otherwise required by conditions of the permit.

(Ord. No. 1252, Sec. II, 6-3-02; Ord. No. 1380, Sec. III, 6-15-10)

An application for the renewal of a permit shall be filed with the Director by the applicant at least thirty (30) days prior to the permit expiration date. Information required on the application for the original permit shall be updated and corrected as appropriate in the renewal application. Renewal decisions of the Director or the Planning Commission may be appealed in accordance with this Article.

(Ord. No. 1252, Sec. II, 6-3-02)