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The Village of Carol Stream shall issue a license for a massage establishment if all requirements for a massage establishment described in this article are met unless it finds one or more of the following:
(A) The license application is incomplete, is missing required documentation, or the correct license fee or other fees or fines owed to the Village of Carol Stream have not been tendered to the village.
(B) The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including, but not limited to, the village's building, zoning, and health regulations.
(C) The applicant or employees, other than massage therapists, have been found guilty of any of the following offenses or found guilty of an offense outside the State of Illinois that would have constituted any of the following offenses if committed within the State of Illinois:
(1) An offense involving the use of force and violence upon the person of another that amounts to a felony.
(2) An offense enumerated in any provision of Article 11, entitled "Sex Offenses", of the Illinois Criminal Code (70 ILCS 5/11-1 et seq.), as amended from time to time.
(3) Any offense involving possession or delivery of a controlled substance or other illegal drug offense that amounts to a felony.
(4) A felony offense enumerated in Article 24, "Deadly Weapons", of the Illinois Criminal Code (720 ILCS 5/24-1 et seq.), as amended from time to time, or any other offense that involves the use of weapons.
(5) Any crime of moral turpitude. The Village of Carol Stream may issue a license to any person found guilty of (or whose employees, other than massage therapists, have been found guilty of) any of the crimes described in division (C)(1) through (C)(4) of this section only if it determines that such finding of guilt occurred more than ten years prior to the date of the application and the individual has had no subsequent felony findings of guilty of any nature and no subsequent misdemeanor findings of guilty for a crime or crimes set forth in this section. Further, for the purpose of this section, any finding of guilty, including an order resulting in supervision, shall apply.
(D) Any applicant has knowingly made any false, misleading or fraudulent statement of fact or failed to disclose or attempted to conceal required information or a fact in the license application or in any other document required by the village.
(E) Any applicant has had a massage business, massage therapy or other similar permit or license denied, revoked or suspended by the village or any other state, county or local agency within five years prior to the date of the application.
(F) Any applicant is not 18 years of age or older.
(G) Copies of the state licenses of persons, who will be providing massage services at the business establishment, including outcall services, have not been provided.
(H) The business is licensed as a sexually oriented business as defined in § 10-10-3.
(Ord. 2018-05-19, passed 5-7-2018)