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<br />ROH 3/2/09 <br /> <br />(8) The applicant has not submitted false or misleading information on <br />the application. <br /> <br />(9) The applicant has not had an application for a massage <br />establishment conditional use permit or land use certificate denied <br />or revoked in the twelve (12) months preceding the date of the <br />current application. <br /> <br />Sec. 41-1757. Same--Period of validity. <br /> <br />Any massage establishment conditional use permit or ancillary massage use <br />land use certificate approved pursuant to this article shall become null and void unless <br />the proposed use is established within one (1) year of the date from the approval. The <br />permit holder may apply for a single one-year extension of the permit or certificate, <br />provided that such application is filed prior to the expiration of the permit. Any <br />application for an extension shall be reviewed by the same procedure as the original <br />permit application. For purposes of this section, a proposed use shall be deemed to be <br />established if a building permit for the project has been issued and construction <br />diligently pursued; or, a certificate of occupancy has been issued; or, a complete <br />application for an extension has been submitted. <br /> <br />Sec. 41-1758. Same--Revocation. <br /> <br />(a) Findings. Any permit or certificate issued pursuant to the provisions of this <br />article may be revoked by the city on the basis of any of the following: <br /> <br />(1) The business or use has been conducted in a manner which <br />violates the provisions of this article, the permit itself, fails to <br />conform to the plans, specifications or procedures described in the <br />application, violates the occupant load limits set by the fire marshal, <br />or which violates any city, state, or federal laws. <br /> <br />(2) The permittee has failed to obtain or maintain all required city, <br />county, and state licenses and permits. <br /> <br />(3) The permit or certificate is being used to conduct a use different <br />from that for which it was issued. <br /> <br />(4) The permittee has misrepresented a material fact in the application <br />for permit or has not answered each question therein truthfully. <br /> <br />(5) Due to changes in on-site conditions, the massage establishment <br />or ancillary massage use lacks sufficient on-site parking area for <br />employees and the public under the standards set forth in the city's <br />parking ordinance, except for an existing use that is legal and <br />nonconforming with respect to parking. <br /> <br />Ordinance No. NS-2779 <br />Page 27 of 32 <br />