5.49.060 TANNING PERMIT APPLICATION.

(a) Any person, corporation, or partnership required to have a permit as set forth in Section 5.49.020 shall make application to the Chief of Police or his or her authorized representative. Prior to submitting such application, a non-refundable fee of $200 for each tanning booth at the establishment up to a maximum of $1000 or such sum set forth in the City Fee Schedule, shall be paid to defray in part the cost of the investigation and report required by this chapter. A copy of the receipt shall accompany the application.

(b) The application and fee required under this section shall be in addition to any license, permit or fee required under any other chapter of this Code.

(d) Each applicant for a permit shall submit the following information under penalty of perjury:

(1) The full true name under which the business will be conducted.

(2) The present or proposed address where the business is to be conducted.

(3) The applicant's full, true name, and other names used, date of birth, California drivers license number or California identification number, social security number (unless prohibited by law), present residence address and telephone number. The sex, height, weight, color of hair, and color of eyes. Such other identification and information shall be provided as required by the Chief of Police or his or her representative, necessary to discover the truth of the matters specified and required in the application.

(4) Previous two (2) residences of the applicant and the inclusive dates at each address.

(5) The applicant's business, occupation, and employment history for five (5) years preceding the date of application, and the inclusive dates of same.

(6) The permit history of the applicant, whether such person has ever had any permit or license issued by any agency, board, city, county, territory, or state; the date of issuance of such a permit or license, whether the permit or license was revoked or suspended; or if a vocational or professional license or permit was issued, revoked, or suspended and the reason therefor.

(7) All convictions for any crime involving conduct which requires registration under California Penal Code Section 290, or convictions of California Penal Code Sections 314, 415, 316, 318, 647(a), (b), (as now written or as amended), or convictions of crimes designated in Government Code Section 51032(b) or Business and Professions Code Section 22702 et. seq., or any crime involving dishonesty, fraud, deceit, violence or moral turpitude. Convictions under the laws of other states or countries which proscribe the same conduct or similar conduct as the adore-designated California crimes shall be provided. Convictions that have been expunged must be reported. All injunctions for nuisances under Penal Code Section 11225 or similar laws.

(8) A complete definition of all services to be provided.

(9) The name, address, and date of birth of each employee who is or will be employed in the facility.

(10) The name and address of any massage business, tanning facility, or other like establishment owned or operated by any person whose name is required to be given pursuant to this section.

(11) Acceptable written proof that the applicant is at least eighteen (18) years of age.

(12) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter together with the state and date of incorporation and the names and residence addresses of each of its current officers and directors, and of each stockholder holding more than five (5%) percent of the stock of that corporation.

(13) If the applicant is a partnership, the application shall set forth the names and residence address of each of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the County Clerk. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporate applicants shall apply to the corporate partner.

(14) The applicant, corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer/employee. Such person shall complete and sign all application forms required of an individual applicant under this chapter. The corporation's or partnership's responsible managing officer must, at all times, meet all of the requirements set for permittees by this chapter or the corporation or partnership permit shall be suspended until a responsible managing officer who meets such requirements is designated. If no such person is found within ninety (90) days, the corporation or partnership permit is deemed canceled and a new application for permit must be filed.

(15) The Chief of Police or authorized representative may require the applicant to furnish fingerprints when needed for the purpose of establishing identification. Fingerprinting will be taken at a place designated by the Chief. Any required fingerprinting fee will be the responsibility of the applicant.

(16) Two (2) photographs of the applicant and managing responsible officer to be taken by the Police Department.

(17) A description of any other business to be operated on the same premises, or on adjoining premises, owned or controlled by the applicant.

(18) The name and address of the owner and lessor of the real property upon or in which the business is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized acknowledgement from the owner of the property that a tanning facility will be located on his or her /her property.

(19) Authorization for the City of San Mateo, its agents and employees, to seek information and conduct an investigation into the truth of the statements set forth in the application and into the background of the applicant and the responsible managing officer.

(20) Proof of tanning facility malpractice insurance in the sum of not less than $100,000 per tanning booth, up to a maximum of $500,000.00.

(21) The applicant shall submit any change of address or fact which may occur during the procedure of applying for a tanning facility permit.

(22) A certificate of compliance from both the City of San Mateo Code Enforcement Division and the health officer for the City of San Mateo (as designated by the City Manager) which certifies that the premises of the tanning facility meet all applicable codes and regulations must be submitted prior to application approval. Any required inspection fees shall be the responsibility of the applicant.

(e) The Chief of Police or authorized representative shall have up to sixty (60) days, after submission of all required information, including the required certificates of compliance, to investigate the application and the background of the applicant. Upon the completion of the investigation, the Chief of Police shall grant the permit, with or without conditions, if the Chief finds in the exercise of discretion all of the following:

(1) The required fee has been paid.

(2) The application conforms in all respects to the provisions of this chapter and to other laws.

(3) The applicant has not made a material misrepresentation in the application.

(4) The applicant, if an individual, or any of the stockholders of the corporation, or any officers or director, if the applicant is a corporation; or a partner if the applicant is a partnership, or the managing responsible officer has not been convicted within 5 years preceding application in a court of competent jurisdiction of an offense involving conduct which requires registration under California Penal Code Section 290, or of conduct which is a violation of the provisions of California Penal code Sections 314, 315, 316, 318, 647(a), (b), (as now written or as amended), violation of Chapter 5.44 of the Municipal Code or of crimes that are designated in Government Code Section 51032(b) or Business and Professions Code Section 22702 et. seq., or any other crime involving dishonest, fraud, deceit, violence or moral turpitude; or that an injunction has not been issued under Penal Code Section 11225. Convictions under the laws of other states or countries which proscribe the same or similar conduct as the adore-designated California crimes shall be considered.

(5) Within 5 years preceding application, the applicant or managing responsible officer/employee has not had a massage establishment, off-premises service, massage practitioner, tanning facility, or other similar permit or license revoked, or suspended by the City of San Mateo, or any other state or local agency; or engaged in conduct or operated a tanning facility, massage or similar establishment in a manner that would be a grounds for revocation of a permit under this chapter or Chapter 5.44; or owned or managed a tanning facility or massage or similar establishment where persons required to be licensed were allowed to work without the required licenses.

(6) The applicant is at least eighteen (18) years of age.

(7) The permit as requested by the applicant would comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards.

(f) If the Chief of Police or authorized representative, following investigation of the applicant, in the exercise of his or her discretion, fails to make the findings stated in (e), the Chief shall deny said application by written notice to the applicant.