(a) Within five days of receipt of an application for a massage establishment license, the Building Commissioner shall notify the Brook Park Police Chief, the Brook Park Fire Chief and the Health Commissioner of such application. In making such notification, the Building Commissioner shall request that the Police Chief promptly investigate the information provided in the application concerning the criminal background of the applicant or applicants and shall request that the Fire Chief and the Health Commissioner promptly inspect the premises for which the massage establishment license is sought to assess compliance with the regulations under their respective jurisdictions. The Building Commissioner shall request that the Health Commissioner's inspection include an assessment of compliance with the requirements of this chapter related to health and sanitation. The Building Commissioner shall promptly conduct an inspection of the premises to assess compliance with the Brook Park Building Code and the Planning and Zoning Code.
(b) Within thirty-five days after receipt of a completed massage establishment license application, the Building Commissioner shall approve or deny the issuance of the license. The Building Commissioner shall issue a license to the applicant to operate a massage establishment unless he or she determines that one or more of the following findings are true:
(1) An applicant has been convicted of a specified criminal activity, as defined in Section 765.01 of this chapter.
(2) An applicant who is a natural person is under eighteen years of age.
(3) An applicant has failed to provide information reasonably necessary for issuance of the license, as requested on the application form, or has falsely answered a question or request for information on the application form.
(4) An applicant has been denied a massage establishment license or has had a license to operate a massage establishment revoked within the preceding twelve months by any jurisdiction.
(5) The proposed massage establishment would violate or fail to be in compliance with any provision of the Zoning Code.
(6) An applicant is in violation of or is not in compliance with any provision of this chapter, except as provided in paragraph (c)(1) hereof.
(c) If the Building Commissioner determines that one or both of the following findings are true, the license issued pursuant to paragraph (b) hereof shall contain a requirement that the licensee correct all deficiencies specified within 120 days of the date the license is issued:
(1) The results of inspections of the premises of the proposed massage establishment by the Building Commissioner, the Fire Chief and/or the Health Commissioner indicate that the premises are not in compliance with applicable laws and regulations under their respective jurisdictions, including the provisions of this chapter related to characteristics of the physical premises. This paragraph shall not apply to premises that are in violation of any law or regulation that is identified or referenced in subsection (b) hereof.
(2) An applicant is overdue in payment to the City of taxes, fees, fines or penalties assessed against or imposed upon him or her in relation to any business, which are not the subject of a pending appeal or other legal challenge.
(d) If the Building Commissioner determines that no other grounds for denial of a license exist under subsection (b) hereof, the Building Commissioner shall not delay approval of the application past the end of the thirty-five-day period provided in this section solely because the Fire Chief or the Health Commissioner has not provided the Building Commissioner with the results of his or her inspection of the premises; the results of the Building Commissioner's inspection of the premises are not available; and/or the Police Chief has not provided the results of his investigation of the criminal background of the applicant or applicants. If, after approving the issuance of a license, the Building Commissioner receives information from the Police Chief concerning his or her investigation, which the Building Commissioner determines constitutes grounds for denial of a license under subsection (b) hereof, then the massage establishment license issued pursuant to this subsection shall be immediately revoked. If, after approving the issuance of a license, the Building Commissioner receives information concerning the results of inspections of the premises by the Fire Chief or the Health Commissioner, or concerning the results of the Building Commissioner's own inspection, which the Building Commissioner determines constitutes grounds for the issuance of a license subject to a requirement to correct deficiencies under subsection (c) hereof, then a requirement shall be added to the terms of the massage establishment license issued pursuant to this subsection to correct all deficiencies noted within 120 days of the date such requirement is added.
(e) A massage establishment license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the licensed massage establishment. All massage establishment licenses shall be posted in a conspicuous place at or near the entrance to the business so that they may be easily read at any time.
(f) Whenever a massage establishment license is denied, the Building Commissioner shall advise the applicant in writing of the reason or reasons for such denial.
(Ord. 8396-1997. Passed 1-27-98.)