§ 113.23  ISSUANCE; TERM.
   (A)   The Building Inspector or Clerk-Treasurer, before issuing any license or permit pursuant to this chapter, shall investigate the character of the applicant and its officers, directors and manager if it is a corporation, as well as the premises upon which the business is sought to be conducted. A license or permit shall be issued unless the Building Inspector or Clerk-Treasurer shall find that any of the following conditions exist:
      (1)   The correct permit or license fee has not been tendered to the town;
      (2)   The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including, but not limited to, the town’s building, zoning and health regulations and with this chapter;
      (3)   The applicant, if an individual; any of the stockholders holding more than 10% of the stock of the corporation, and any of the officers and directors, if the applicant is a corporation; any of the partners, including limited partners, if the applicant is a partnership; the holder of any lien, of any nature, upon the business or the equipment used therein; and the manager or other person principally in charge of the operation of the business, have been convicted of any of the offenses listed in divisions (A)(3)(a) through (A)(3)(c) below, or convicted of an offense outside the state that would have constituted any of the offenses listed in divisions (A)(3)(a) through (A)(3)(c) below if committed within the state. The town may issue a license or permit to any person convicted of any of the crimes listed in divisions (A)(3)(a) through (A)(3)(c) below if it finds that the conviction occurred at least five years prior to the date of the application:
         (a)   An offense involving the use of force and violence upon the person of another that amounts to a felony;
         (b)   An offense involving sexual misconduct; and
         (c)   An offense involving narcotics, dangerous drugs or dangerous weapons that amounts to a felony.
      (4)   The applicant has knowingly made any false, misleading or fraudulent statement of fact in the permit application or in any document required by the town in conjunction therewith;
      (5)   The applicant has had a massage business, massagist or other similar permit or license denied, revoked or suspended by the town or any other state or local agency within five years prior to the date of the application;
      (6)   The applicant, if an individual; any of the officers and directors, if the applicant is a corporation; 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 over the age of 21 years;
      (7)   The applicant, if required by this chapter to do so, cannot provide a certificate from a licensed medical practitioner certifying that the applicant is free from communicable diseases and that an examination has been made within seven days prior to the date of the application; and
      (8)   The application was not completely filled out.
   (B)   Licenses shall be granted for an initial term ending December 31 next following the issuance of the license, unless sooner suspended or revoked. The license must be renewed annually and any renewal shall be for a term of one year from January 1 to December 31.
(Prior Code, § 113.13)  (Ord. 1-1978, passed 8-1-1978)