No license will be issued upon the following findings by the City of Bethany:
(A) The correct license fee has not been tendered to the city, and, in the case of a check or bank draft, not honored with payment upon presentation;
(B) The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including, but not limited to, the city's building, zoning and health ordinances;
(C) The applicant, if an individual; or any of the stockholders holding more than 10% of the stock of the corporation, or any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; or the manager or other person principally in charge of the operation of the business, have been convicted of any of the following offenses, or has a pending charge for any of the following offenses:
(1) An offense involving the use of force and violence upon the person of another that amounts to a felony;
(2) An offense involving sexual misconduct, as defined in this chapter;
(3) (a) An offense involving narcotics, dangerous drugs or dangerous weapons that amounts to a felony.
(b) The City of Bethany may issue a license to any person convicted of any of the crimes described in division (3)(a) above if such conviction occurred at least five years prior to the date of the application and the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor convictions for any such crime mentioned above;
(4) The applicant has knowingly made any false, misleading, or fraudulent statement of fact in the application or in any document required by the city in conjunction therewith;
(5) The applicant has had a massage establishment, massage therapist or other similar permit or license denied, revoked, or suspended by the city or any other state or local agency within five years prior to the date of the application;
(6) The applicant, if an individual; or any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; and the manager or other person principally in charge of the operation of the business, is not at least 18 years of age; or
(7) The applicant's facility has not met the requirements of § 125.10.
(8) The applicant is applying to do business at an address in which sexual misconduct has occurred within the last two years.
(Ord. 2036, passed 9-20-22)