(A) Required form. An application for a massage establishment license, or the renewal thereof, shall be made in writing to the Massage Business Commissioner on a form prescribed by the Massage Business Commissioner and shall be signed: (i) by the applicant, if the applicant is an individual; (ii) by at least one of the persons entitled to share in the profits of the organization and having unlimited personal liability for the obligations of the organization and the right to bind all other such persons, if the applicant is a partnership (general or limited), joint venture, or any other type of organization where two or more persons share in the profits and liabilities of the organization; (iii) by a duly authorized agent, if the applicant is a corporation; or (iv) by the trustee, if the applicant is a trust. The application shall also be signed by the fee simple owner of the proposed licensed premises. The application shall be verified by oath or affidavit as to all statements made on or in connection with the application and any attachments thereto. Each application shall specifically identify the applicant, the licensed premises and the owner of the licensed premises for which a massage establishment license is sought. Each initial or renewal application shall be accompanied by five identical copies.
(B) Any fee as provided by this chapter.
(C) Required information and documents. Each application shall include the following information and documents:
(1) (a) Individuals. The applicant's legal name, all of the applicant's aliases, the applicant's business address and social security number, written proof of the applicant's age, the citizenship and place of birth of the applicant and, if a naturalized citizen, the time and place of the applicant's naturalization.
(b) Corporations. The applicant's complete name and official business address; the legal name, all aliases, and the ages, business addresses, and social security numbers of all the directors, officers, and managers of the corporation and every person owning or controlling more than 20% of the voting shares of the corporation; the corporation's date and place of incorporation and the object for which it was formed; proof that the corporation is a corporation in good standing and authorized to conduct business in the State of Illinois; and the name of the registered corporate agent and the address of the registered office for service of process.
(c) Limited liability corporations. The applicant's complete name and official business address; the legal name, all aliases, and the ages, business addresses, and social security numbers of all the directors, officers, and managers of the corporation and every person owning or controlling more than 20% of the voting shares of the corporation; the corporation's date and place of incorporation and the object for which it was formed; proof that the corporation is a corporation in good standing and authorized to conduct business in the State of Illinois; and the name of the registered corporate agent and the address of the registered office for service of process.
(d) Partnerships (general or limited), joint ventures, or any other type of organization where two or more persons share in the profits and liabilities of the organization. The applicant organization's complete name and official business address; the legal name, all aliases, and the ages, business addresses, and social security numbers of each partner (other than limited partners) or any other person entitled to share in the profits of the organization, whether or not any such person is also obligated to share in the liabilities of the organization.
(e) Trusts. The applicant's complete name; the legal name, all aliases, and the business address of the trustee of the trust; the legal name, all aliases, and the ages, businesses addresses, and social security numbers of each beneficiary of the trust and the specific interest of each such beneficiary in the trust; and the interest, if any, that the land trust holds in the licensed premises.
(2) If a corporation or partnership or other entity is an interest holder that must be disclosed, then such interest holders shall disclose the information required with respect to their interest holders.
(3) A description of the manner in which the proposed massage establishment will be conducted.
(4) The length of time that the applicant has been in the massage business.
(5) The location, including street address and legal description, and telephone number, of the premises for which the massage establishment license is sought.
(6) The specific name of the business that is to be operated under the massage establishment license.
(7) The name, address and telephone number of each fee simple owner of the licensed premises. If the applicant is not the fee simple owner of the licensed premises, a copy of the applicant's lease shall be provided.
(8) A diagram showing the internal and external configuration of the licensed premises, including all doors, windows, entrances, exits, the fixed structural internal features of the licensed premises, plus the interior rooms, walls, partitions, stages, performance areas, and restrooms. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; provided, however that each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions to an accuracy of plus or minus six inches and sufficient to show clearly the various interior dimensions of all areas of the licensed premises and to demonstrate compliance with the provisions of this chapter. The requirements of this division shall not apply for renewal applications if the applicant adopts a diagram that was previously submitted for the license sought to be renewed and if the licensee certifies that the licensed premises has not been altered since the immediately preceding issuance of the license and that the previous diagram continues to accurately depict the exterior and interior layouts of the licensed premises. The approval or use of the diagram required pursuant to this division shall not be deemed to be, and shall not be interpreted or construed to constitute, any other village approval otherwise required pursuant to applicable village ordinances and regulations.
(9) The names of each governmental body which, within five years immediately prior to the date of the present application, the applicant, or any of the individuals identified in the application pursuant to this chapter has applied for, received or been denied a license or other authorization to conduct or operate a business:
(a) Substantially the same as a massage establishment, and the names and addresses of each such business;
(b) Requiring a federal, state, or local liquor license; or
(c) Requiring a federal, state, or local gaming license.
(10) The specific type or types of massage establishment(s) that the applicant proposes to operate in the licensed premises.
(11) A copy of each massage establishment license, liquor license, and gaming license from any governmental entity and currently held by the applicant, or any of the individuals identified in the application pursuant to this chapter.
(12) Whether the applicant, or any of the individuals identified in the application pursuant to this chapter, has been, within five years immediately preceding the date of the application, convicted of, or pleaded nolo contendere to, any specified criminal act. As to each conviction, the applicant or other individual shall provide the conviction date, the case number, the nature of the misdemeanor or felony violation(s) or offense(s), and the name and location of the court.
(13) Whether the applicant, or any of the individuals identified in the application pursuant to this chapter, has had a license or other authorization to conduct or operate a business substantially the same as a massage establishment or any business requiring either a liquor or gaming license, revoked or suspended by any governmental entity, and, if so, the date and grounds for each such revocation or suspension, and the name and location of the establishment at issue.
(14) The name of the individual or individuals who shall be the day-to-day, on-site managers of the proposed massage establishment. If the manager is other than the applicant, the applicant shall provide, for each manager, all of the information required pursuant to this chapter.
(15) For the individual or individuals executing the application pursuant to this chapter, and the individual or individuals identified pursuant to this chapter, a fully executed waiver on a form prescribed by the village to obtain criminal conviction information pursuant to the Illinois Uniform Conviction Information Act.
(16) The applicants shall submit their fingerprints to be used in completing the investigation. Applicants are required to present themselves for fingerprints to be taken by the Police Department as provided by the Massage Business Commissioner. If the applicant is a limited liability company or corporation, fingerprints shall be required of each of the applicant's officers, members, directors or person owning in the aggregate more than 20% of the entity. If the applicant is a partnership, fingerprints shall be required of all general partners, and any limited partner owning more than 20% of the aggregate limited partner interest in such partnership. Applicant shall pay the fingerprint fee for each person required to submit fingerprints. Provided, in the case of a renewal application, fingerprints and the fingerprint fee shall not be required from a renewal applicant whose fingerprints are on file unless the Massage Business Commissioner determines that there may be reason to believe that the renewal applicant may have unreported convictions.
(D) Incomplete applications. Any application for a massage establishment license that does not include all of the information and documents required pursuant to this section, as well as any fee, shall be deemed to be incomplete and shall not be acted on or processed by the village. The Massage Business Commissioner shall, within ten days of such submittal, return the incomplete application to the applicant along with a written explanation of the reasons why the application is incomplete.
(Ord. 1945, passed 11-5-18)