Chapter 4.10 SPECIAL BUSINESS LICENSES AND EMPLOYEE PERMITS

A. There are certain types of enterprises which require special investigation, review and regulation in order to ensure that the public health, safety and welfare is adequately protected. The necessity to conduct such investigation, review and regulation arises for reasons which include, but are not necessarily limited to, the following:

1. The tendency of certain types of enterprises to engage, whether intentionally or unintentionally, in the promotion of crime, whether through the sale of stolen goods or otherwise;

2. The tendency of certain types of enterprises to be placed where criminal activity occurs either by virtue of the type of clientele attracted or for other reasons;

3. The fact that patrons of particular types of enterprises are vulnerable to fraudulent charging or other practices either because of the nature of the business, the type of service or merchandise offered, the circumstances under which the merchandise or service is purchased, or for other reasons;

4. The fact that certain types of enterprises create health or safety risks which require special regulation; and

5. The fact that certain types of enterprises require access to private property, particularly residential property, or frequent residential neighborhoods, generating high risks to the safety of persons and property.

B. Other types of enterprises provide services essential to the health, safety or welfare of the community, and require special regulation in order to ensure delivery of such services in a volume, manner and quality sufficient to ensure protection of the community.

C. The purposes of this chapter are to establish special regulations applicable to the types of enterprises regulated hereunder, and to regulate such enterprises through a special business licensing procedure in order to protect and safeguard the health, safety and welfare of the citizens within the city. [Ord. 45-2004 § 4].

4.10.005 License required.

No person shall, unless under and by authority of a valid unexpired and unrevoked special business license, conduct or operate within the city, whether singularly or in connection with another type of enterprise, the following:

A. Any enterprise or activity for which a special business license is required by Chapter 4.14 through 4.50 RCMC, inclusive;

B. Antique dealers in firearms, jewelry, art objects, furniture or other valuables;

C. Automobile dismantlers and marketers of used parts for automobiles;

D. Automobile repairs, when the person or firm makes calls at the home or business of the customer to make repairs;

E. Circuses and carnivals, including the maintenance of animals for display to, riding by or petting by children;

F. Sales of concealable firearms, including gun powder;

G. Home repair services, consisting of services related to the repair or maintenance of single-family residential dwellings, mobile homes, or gardens by persons who are not licensed to perform such services by the state of California, including hauling businesses, lot cleaners, rubbish haulers, and other similar businesses engaged in rubbish and waste disposal not otherwise regulated under Chapter 6.20 RCMC, or the Sacramento Regional County Solid Waste Authority, and businesses offering energy-saving appliances, equipment, or services, whether in connection with solar, wind or other power;

H. Purchase or sale of metals, including precious and scrap metals;

I. Auto towing, consisting of persons who engage in the business of towing automobiles which require repair, are abandoned on public rights-of-way, or are parked illegally;

J. Repossession or storage of automobiles or any other thing of value;

K. The operator of each booth in a bazaar, flea market or other similar type of auction established for the purpose of selling merchandise, including food, for private gain;

L. Private security companies;

M. Tree trimmers;

N. Motorcycle sales, including the sale of new and used parts;

O. Wrecking yards, including automobile dismantling and the buying and selling of automobiles or scrap metal or parts;

P. Hauling businesses, including commercial lot cleaners, rubbish haulers, and other similar businesses engaged in rubbish or waste disposal, not otherwise regulated under Chapter 6.20 RCMC, the Sacramento Regional County Solid Waste Authority, licensed by the Contractors State License Board, or under subsection (G) of this section.

A person shall be deemed to operate or conduct an enterprise or activity and violate this section and corresponding prohibitions in Chapters 4.14 through 4.50 RCMC, inclusive, if the person, without an applicable special business license in effect, supervises, inspects, directs, organizes, manages or controls or is in any way responsible for or in charge of the enterprise or activity for which the license is required. [Ord. 45-2004 § 4].

4.10.010 Number of licenses required.

If a person conducts or operates more than one of the types of enterprises described by RCMC 4.10.005, a separate special business license shall be required for each type of enterprise which the person operates or conducts.

A person who operates or conducts more than one store, office, outlet or other branch of a particular type of enterprise described by RCMC 4.10.005 shall not be required to obtain more than one special business license for that type of enterprise, regardless of the number of stores, offices, outlets or branches operated or conducted. [Ord. 45-2004 § 4].

4.10.015 Business location.

Except as otherwise expressly provided, a special business license shall be required for each particular type of enterprise described by RCMC 4.10.005 which is operated or conducted within the city, whether or not the enterprise is operated at a fixed location within the city.

An enterprise shall be deemed to be operated or conducted within the city if representatives of the enterprise offer or sell goods or services or provide services within the city, whether the enterprise is operated from a fixed location within another jurisdiction, and whether the enterprise has a fixed location at all. [Ord. 45-2004 § 4].

4.10.020 Special regulations.

Certain of the types of enterprises described by RCMC 4.10.005 are subject to special regulations governing their operations. These regulations are set forth in Chapters 4.14 through 4.50 RCMC. Except as otherwise provided, the provisions of this chapter shall be fully applicable to the enterprises identified by Chapters 4.14 through 4.50 RCMC.

The provisions of this chapter shall be independently applicable to any enterprise described by RCMC 4.10.005 which is also regulated under the provisions of Chapter 4.06 RCMC. The issuance of a general business license to an enterprise described by RCMC 4.10.005 shall not excuse the enterprise from the requirement that a special business license be obtained pursuant to the provisions of this chapter. The issuance of a special business license shall not be deemed to relieve the holders of a requirement, under Chapter 4.06 RCMC, that a general business license be obtained. A special business license shall not be deemed to authorize operation of an enterprise business at a particular location, if a general business license is required and there is no such license in full force and effect. [Ord. 45-2004 § 4].

4.10.025 Application filing.

All applications for special business licenses shall be filed in the office of the finance director. The finance director shall receive any fee required for the application, assure that the application is complete, and refer the application to the chief of police for processing, investigation, review and action. [Ord. 45-2004 § 4].

4.10.030 Application contents.

The application for a special business license shall be filed on a form and contain such information as is prescribed by the chief of police, including the following:

A. A complete description of the type, nature and extent of the enterprise to be conducted and for which application is made;

B. The address of each location from which the enterprise for which application is made will be operated;

C. The name and address of the person who owns the enterprise for which application is made;

D. Such information as is necessary to permit the determinations prescribed by RCMC 4.10.040(C);

E. Identification of each type and location of enterprise conducted by the owner within the city;

F. Such other and further information as is deemed necessary to administer the provisions of this chapter. [Ord. 45-2004 § 4].

4.10.035 Investigation.

The Rancho Cordova police department shall conduct such investigation of the background of the owner or owners and persons managing or supervising the enterprise as is deemed appropriate. The police department shall evaluate each application to determine whether the operation of the enterprise would involve an unreasonable risk to the health, safety or general welfare of the public. Those persons described by RCMC 4.10.040(C)(1) through (C)(8) shall be fingerprinted and photographed; and consideration shall be given to the criminal record, if any, and character of the owner and other persons connected with the enterprise, the business responsibility of the firm and the owner, and the manner in which the owner intends to conduct the enterprise. [Ord. 45-2004 § 4].

4.10.040 Issuance.

The chief of police shall issue the special business license within 90 days after the date of application unless either:

A. The chief of police finds in writing that the applicant fails to provide information in connection with the application requested by the chief of police as a basis for enabling the chief of police to make his or her determination;

B. The chief of police finds in writing that any of the statements made in the application or any information submitted supplementary thereto is incorrect or untrue;

C. The chief of police finds in writing that any of the following persons has been convicted of a crime and the time for appeal has elapsed, or when an order granting probation is made suspending the imposition of sentence, irrespective of the entry of a subsequent order under Section 1203.4 of the California Penal Code; or has done any act involving dishonesty, fraud or deceit with intent to substantially injure another; and the chief of police concludes that by reason of the crime or act the applicant would not conduct the enterprise in a law-abiding manner or in a manner which does not subject patrons of the enterprise to risk of harm or criminal, deceitful or otherwise unethical practices:

1. A general or limited partner of a partnership, which possesses an ownership interest in the enterprise;

2. A joint venturer in a joint venture which possesses an ownership interest in the enterprise and if one or more of the joint venturers is a partnership or corporation, those partners, directors or stockholders to whom the requirements of this section would apply if the partnership or corporation were the sole owner of the enterprise;

3. A sole proprietor when the enterprise is a sole proprietorship;

4. An owner of more than one-half of one percent of the voting shares of stock when a commercial corporation possesses an ownership interest in the enterprise;

5. A director, when either a commercial or nonprofit corporation possesses an ownership interest in the enterprise;

6. A member of a management committee when a partnership or joint venture possesses an ownership interest in the enterprise;

7. A member of a governing body or other board or committee to which management is entrusted, when an incorporated association possesses an ownership interest in the enterprise; or

8. A president, general manager, vice president, chief assistant manager, secretary, treasurer or any officer with equivalent or similar authority employed or retained by the firm possessing an ownership interest in the enterprise.

Notwithstanding the foregoing, an application shall not be denied solely on the basis that a person has been convicted of a felony if the person has obtained a certificate of rehabilitation under Section 4852.01 et seq. of the California Penal Code or that the person has been convicted of a misdemeanor, if the person has met all applicable requirements of the criteria of rehabilitation developed to evaluate the rehabilitation of a person when considering the denial of a license under Section 4852.01 et seq. of the California Penal Code;

D. The chief of police makes any finding in writing authorized as a basis for denial of the license by Chapters 4.14 through 4.50 RCMC, or finds in writing that the applicant does not satisfy any requirement applicable to the enterprise for which application is made established by Chapters 4.14 through 4.50 RCMC; or

If an application does not show on its face a basis for denial, the chief of police may, in his or her sole discretion, issue a temporary special business license for a period not to exceed 90 days, pending processing and investigation of the application and final determination thereof. [Ord. 45-2004 § 4].

4.10.045 Conditions.

The police department may issue a special business license upon such conditions relating to method or manner of operation of the enterprise as he or she deems necessary to adequately protect members of the public in their patronage or dealings with the enterprise, or to reduce the incidence, detect the commission of, or identify perpetrators of crime. Such conditions may be imposed at the time a special business license is initially issued, upon renewal of the license, or at any time during the term of the license.

Any condition imposed pursuant to the provisions of this section, whether established at the time of issuance, at the time of renewal or during the term of a special business license shall be embodied, together with the reasons therefor, in a written notice which is served upon the applicant or holder. The condition shall become effective 15 days following the date of service of the notice thereof; provided, that in the event an appeal therefrom is filed within the time and in the manner prescribed, the condition shall not become effective until the appeal is finally determined. [Ord. 45-2004 § 4].

4.10.050 Contents of licenses.

The special business license shall contain but not be limited to a complete description of the enterprise authorized by the license, the name of the enterprise so licensed, the name and address of the owner or owners of the enterprise, the address of each location of the business covered by the license, and any conditions upon which the license is issued. The license shall be conspicuously posted at each location of the enterprise in full public view. [Ord. 45-2004 § 4].

4.10.055 Changes in status.

During the term of any special business license issued hereunder, in addition to the information required by RCMC 4.02.070, the holder of the license shall file in writing with the police department any changes in or new locations of the enterprise so licensed. The police department shall issue an amended license which shows any changed or new locations of the enterprise so licensed. [Ord. 45-2004 § 4].

4.10.060 Renewal of licenses.

Not later than 45 days prior to expiration of the term of a special business license, the finance director shall transmit to the licensee by mail an application for renewal. The application for renewal shall be in such form and include such information as is prescribed and required by the chief of police.

The application for renewal shall be filed with the finance director not later than the date of expiration of the term of the immediately preceding license. The chief of police shall perform such investigation and examination of the applicant as he or she deems appropriate. The chief of police shall extend the term of the immediately preceding license during the period of any investigation or examination required in order to determine whether the license should be issued. The chief of police shall act upon the application for renewal not later than 30 days after the date a valid application is filed. The renewed license shall be issued unless:

A. The chief of police finds in writing that one or more of the conditions identified in RCMC 4.10.040(A), (B), (C) or (D) pertain;

B. The chief of police finds in writing that the licensee has violated any term, condition, requirement, or prohibition imposed by this chapter, Chapter 4.02 RCMC or Chapters 4.14 through 4.58 RCMC which are applicable to the license or the holder, or any other applicable law; or

C. The chief of police finds in writing that one or more conditions applicable to the preceding license have been violated. [Ord. 45-2004 § 4].

4.10.061 Added processing fee for late renewal.

An application for renewal of a special business license or employee permit will be deemed received late and subject to added processing fees if the complete application, including all fees, is not received by the finance director not later than the date of expiration of the immediately preceding license. The amount of the added processing fee may be set by resolution of the city council from time to time and become part of the renewal application fee after the date of the expiration of the preceding license has passed.

As of the effective date of the ordinance codified in this chapter, and until amended by city council resolution, a $20.00 processing fee shall be charged by the finance director for the late renewal of a special business license or employee permit. [Ord. 45-2004 § 4].

4.10.065 Employee permits.

With respect to certain types of enterprises described by RCMC 4.10.005, protection of the public health, safety and welfare require that personnel retained by the enterprises to perform specified functions or duties be of good moral character, not have been convicted of particular criminal offenses, and, in certain instances, possess minimum skills necessary to ensure public safety. Personnel required to possess such minimum qualifications are identified by the provisions of Chapters 4.14 through 4.50 RCMC.

The procedures set forth in this chapter relating to employee permits shall be applicable to all personnel required by Chapters 4.14 through 4.50 RCMC to possess minimum qualifications which are subject to review by the police department. [Ord. 45-2004 § 4].

4.10.070 Permit required.

Whenever under the provisions of Chapters 4.14 through 4.50 RCMC personnel of a particular enterprise are required to meet minimum qualifications or possess a permit or license, it shall be unlawful for a person to perform the duties or functions specified and unlawful for the holder of a special business license to permit the person to perform such duties or functions unless the person has first applied for and obtained an employee permit. [Ord. 45-2004 § 4].

4.10.075 Application filing.

Applications for an employee permit shall be filed in the office of the finance director. The finance director shall receive any fee required for the application, assure that the application is complete, and refer the application to the police department for processing, investigation, review and action. [Ord. 45-2004 § 4].

4.10.080 Application contents.

The application for an employee permit shall be filed on a form and contain such information as is prescribed by the police department, including the following:

A. The name and current residential address of the applicant;

B. The name and address of the business which has retained the services of the applicant for which the permit is required; and

C. A description of the duties or function which the applicant is to perform for the business. [Ord. 45-2004 § 4].

4.10.085 Investigation.

The police department shall conduct such investigation of the background of the applicant for an employee permit as is necessary in order to determine whether the minimum qualifications which have been prescribed are satisfied and as otherwise deemed appropriate. Such investigation shall include the fingerprinting and photographing of the applicant. [Ord. 45-2004 § 4].

4.10.090 Issuance of permit.

Except as hereinafter provided, the police department shall issue the employee permit within 30 days after the date the application is filed unless he or she finds in writing that the applicant is disqualified for the permit under regulations prescribed by Chapters 4.14 through 4.50 RCMC. If the police department’s investigation has not been completed by the date issuance of the permit is required, but that portion of the investigation which has been completed has disclosed no basis for denial of the permit, the police department shall issue a temporary employee permit the term of which shall extend no longer than 120 days from the date of issuance. A temporary employee permit shall expire upon either the date of expiration of its term, the date of issuance of an employee permit, or the date of service of notice that an employee permit has been denied. While in force and effect, a temporary employee permit shall otherwise be accorded the same status as an employee permit. [Ord. 45-2004 § 4].

4.10.095 Incidents of employee permits.

An employee permit shall not be transferable or assignable from one person to another. The permit shall contain such information as the police department requires, including the permit holder’s name and address, the name and address of the enterprise or enterprises retaining his or her services for which the permit is issued, the expiration date of the permit, a description of the duties or functions which the permit authorizes to be performed, and a physical description of the permit holder.

The holder of an employee permit shall carry same on his or her person at all times services authorized by the permit are being performed, and shall display the permit for inspection upon request by any peace officer.

Applications for renewal shall be filed, processed and permits issued in the manner and pursuant to the standards and procedures prescribed by RCMC 4.10.075 through 4.10.090. [Ord. 45-2004 § 4].

Article II. Denial and Revocation

4.10.100 Grounds for denial – Licenses.

The chief of police shall deny an initial application for a special business license if written findings described by RCMC 4.10.040(A), (B), (C) or (D) are made.

The chief of police shall deny an application for renewal of a special business license if written findings described by RCMC 4.10.060(A), (B) or (C) are made. [Ord. 45-2004 § 4].

4.10.110 Method of denial.

A denial of an initial application or application for renewal of either a special business license or employee permit by the police department shall be in writing, with the reasons stated therefor. Written notice of the denial, together with a copy of the provisions of this chapter and any provisions of Chapters 4.14 through 4.50 RCMC which are applicable to the license or permit, shall be served upon the applicant pursuant to the provisions of RCMC 4.02.080.

Denial of an initial application or application for renewal of a special business license shall prohibit operation of the enterprise at any location within the city.

With respect to denial of an application for renewal of a special business license or employee permit or termination of a special business license pursuant to RCMC 4.02.070, the immediately preceding special business license or employee permit shall be deemed to be in full force and effect for a period of 15 days following the date of service upon the applicant of the notice of denial or termination. In the event the applicant files an appeal from the denial or termination in the manner and within the time prescribed by RCMC 4.10.115, the immediately preceding special business license or employee permit shall continue in full force and effect during the pendency of the appeal, until the date of final decision by the appellate authority. [Ord. 45-2004 § 4].

4.10.115 Appeals.

A. The holder of a special business license or employee permit or applicant therefor may file an appeal from the following:

1. The denial of an initial application for or application for renewal of a special business license or employee permit pursuant to the provisions of RCMC 4.10.100 or 4.10.105;

2. The imposition of conditions at the time of issuance of an initial or renewed special business license or during the term thereof, pursuant to the provisions of RCMC 4.10.045; or

3. The termination of a special business license as a result of a change in ownership, pursuant to the provisions of RCMC 4.02.070.

B. Any such appeal shall be in writing, shall state the specific reasons therefor and grounds asserted for relief, and shall be filed with the police department not later than 15 days after the date of service by the police department of the notices prescribed by RCMC 4.02.070, 4.10.045 or 4.10.110, as the case may be. If an appeal is not filed within the time or in the manner prescribed above, the right to review of the action against which complaint is made shall be deemed to have been waived. [Ord. 45-2004 § 4].

4.10.120 Appeal hearing.

Not later than 15 days following the date of filing an appeal within the time and in the manner prescribed by RCMC 4.10.115, the hearing authority shall conduct a hearing for the purpose of determining whether the appeal should be granted. Written notice of the time, date and place of the hearing shall be served upon the applicant not later than 10 days preceding the date of the hearing.

During the hearing, the burden of proof shall rest with the police department. The provisions of the California Administrative Procedure Act (commencing at Section 11500 of the Government Code) shall not be applicable to such hearing; nor shall formal rules of evidence in civil or criminal judicial proceedings be so applicable. At the conclusion of the hearing, the hearing authority shall prepare a written decision which either grants or denies the appeal, and contains findings of fact and conclusions. Notice of the written decision, including a copy thereof, shall be filed with the police department and served upon the appellant not later than 10 days following the date on which the hearing is closed. [Ord. 45-2004 § 4].

4.10.125 Finality of determination.

A decision by the hearing authority pursuant to RCMC 4.10.120 shall become final 15 days following the filing and service thereof unless review of the decision by the city council is requested either by the police department or appellant. Such review may be requested by filing with the clerk of the city council a written request for review not later than 15 calendar days following the date of filing and service of the hearing authority’s decision. The request for review shall state in detail the reasons therefor and error alleged in the hearing authority’s decision, and shall have attached thereto a copy of the decision. [Ord. 45-2004 § 4].

4.10.130 Review by city council.

Upon receipt by the clerk of the request for review, a hearing shall be scheduled promptly before the city council but no later than 60 calendar days following the date of filing of the notice of appeal. The city council shall be authorized to deny the introduction of evidence and decide the matter after oral argument presented during the hearing, or to admit supplementary evidence with respect to challenges or particular findings, or reject the findings and conclusions and conduct a de novo hearing. The determination by the city council granting or denying the appeal shall be final, and shall be accompanied by findings of fact and conclusions, which may consist of an adoption by reference of those by the hearing authority. Pursuant to granting an appeal, the city council shall be authorized to order the issuance of a license upon such terms and conditions as in the discretion of the city council are deemed to be necessary and appropriate. [Ord. 45-2004 § 4].

4.10.135 Grounds for revocation and suspension – Licenses.

Any special business license issued pursuant to this chapter may be suspended for not longer than one year or revoked during its term if the police department finds in writing that one or more of the following grounds exist:

A. That finding prescribed by RCMC 4.10.040(B);

B. That the police department has acquired information supporting a finding prescribed by RCMC 4.10.040(C) in relation to the holder of the license;

C. That the holder of the license has violated one or more conditions imposed pursuant to RCMC 4.10.045; or

D. That the holder of the license has violated any term, condition or requirement or prohibition established by this chapter, Chapter 4.02 RCMC, or Chapters 4.14 through 4.58 RCMC which are applicable to the license or the holder, or any administrative regulation promulgated thereunder, or any other applicable law. [Ord. 45-2004 § 4].

4.10.140 Grounds for revocation – Permits.

Any employee permit issued pursuant to this chapter may be suspended for not more than one year or revoked during its term if the police department finds in writing the existence of grounds for revocation prescribed by Chapters 4.14 through 4.50 RCMC. [Ord. 45-2004 § 4].

4.10.145 Method of revocation.

A. The police department may commence proceedings for the suspension or revocation of a special business license or employee permit by issuing a written notice of suspension or revocation. The notice shall state the reasons for suspension or revocation and shall be served, together with a copy of the provisions of this chapter and any provisions of Chapters 4.14 through 4.50 RCMC which are applicable to the license or permit, upon the holder of the license or permit. Except as provided below, the suspension or revocation shall become effective 15 days after the date of service unless the holder files an appeal within the time and in accordance with the provisions of RCMC 4.10.150. If such an appeal is filed the suspension or revocation shall not, except as provided below, become effective until a final decision on the appeal is issued.

B. A special business license or employee permit may be temporarily suspended pending expiration of the time for appeal or exhaustion of an appeal pursuant to the commencement of proceeding for the penal suspension or revocation of the license or permit, if the police department finds that such temporary suspension is necessary in order to protect against a serious and immediate threat to the health or safety of the public caused by exercise of the license or permit. In the event the chief of police orders a temporary suspension, the notice of suspension or revocation shall be delivered to each place of business licensed or to which the permit relates, served upon the licensee or permittee, and shall contain the following:

1. The finding justifying the temporary suspension;

2. The time, date and place at which the licensee or permittee may appear in advance of the commencement of the temporary suspension for the purpose of responding to the police department to the charges in the notice; and

3. The time and date on which the temporary suspension commences, which shall not be earlier than 24 hours following the time and date of delivery of the notice. [Ord. 45-2004 § 4].

4.10.150 Appeal of revocation.

Within 15 days following the date on which the notice of suspension or revocation is served, the holder of the special business license or employee permit may file a written appeal at the office of the police department stating the specific reasons therefor and grounds asserted for relief. If such an appeal is not filed within the time and in the manner prescribed above, the right to review of the suspension or revocation shall be deemed to have been waived.

A hearing on such appeal shall be conducted by the hearing authority. Notice of the time, date, and place of the hearing shall be served upon the appellant not later than 10 days before the commencement thereof. The burden of proof shall rest upon the chief of police. The hearing shall be conducted in the manner and a decision shall be issued and served as prescribed by RCMC 4.10.120. The decision shall become final as prescribed and be subject to review by the city council at the instance of either the chief of police or appellant, pursuant to the procedure for review prescribed by RCMC 4.10.125. Any review by the city council shall be scheduled, conducted in the manner, determined and have the effect prescribed by RCMC 4.10.130. [Ord. 45-2004 § 4].

4.10.155 Effect of revocation.

A. The revocation of a special business license or employee permit shall terminate the right of the holder of the license or permit to engage in the enterprise authorized by the license or perform the service authorized by the permit, as the case may be, anywhere within the city for a period of five years following the effective date of revocation. At the conclusion of said period, the former holder may file a written application for issuance of a new license or permit with the clerk of the city council. The city council may, in its sole discretion, grant or deny the application pursuant to such terms and conditions as it may prescribe, and may, in addition to other matters, consider factors relating to the rehabilitation of the applicant in making its determination.

B. The revocation of a special business license or denial of renewal of a special business license for cause shall automatically and without notice also revoke or deny renewal of each special business license issued for the same business at each location where the business is located.

C. The revocation of an employee permit or denial of an employee permit for cause shall automatically and without notice also revoke or deny renewal of each employee permit issued for the same employee at each location where the business is located.

D. Notwithstanding any other provision of this code, the revocation of special business license or employee permit or denial of renewal of a special business license or employee permit of a massage establishment for cause shall prohibit the operation of the same establishment in that same location for a period of five years. The revocation of a special business license or employee permit or denial of renewal of a special business license or employee permit of a massage establishment for cause shall also prohibit a new establishment from using the same name and/or same phone number as the revoked or denied special business license or employee permit for a period of five years.

E. In the event of revocation of a special business license, neither the spouse, child, brother, sister or parent of the holder of the revoked license, nor a person possessing an ownership interest in the enterprise for which the license was revoked or who was an employee thereof, shall be entitled to issuance of a special business license for the enterprise except upon written application filed with the clerk of the city council. Upon the filing of such an application, the city council may, in its sole discretion, grant or deny the application. In the event the application is granted, in addition to any other condition, the license may be issued pursuant to such requirements as the board deems necessary in order to ensure that the person whose conduct constituted the basis for the revocation does not exercise any control or influence over the enterprise or the person to whom the license is issued. [Ord. 15-2022 § 4 (Exh. A); Ord. 45-2004 § 4].