A. Within sixty (60) calendar business days following receipt of a completed application for a massage business license, or, for applications subject to referral under section 4-12-9, within thirty (30) calendar days of receiving all written findings, whichever is later, the business license official shall either issue the license or mail a written statement of his or her reasons for denial thereof to the applicant. If the business license official takes neither action, the license shall be deemed issued.
B. No massage establishment, sole massage therapist establishment, or outcall massage service license shall be issued if the business license official finds:
1. The applicant has provided materially false information, documents, or testimony in support of the application or in any other matter before the business license official; or
2. The facilities as proposed by the applicant would not comply with all applicable laws including, but not limited to, the facilities requirements set forth in section 4-12-8, the city building, planning, housing, and fire codes, or any rule or regulation related to massage facilities adopted by the business license official pursuant to this chapter; or
3. Within thirty six (36) months prior to the application, the applicant has had any license or license of any kind suspended or revoked by the business license official; or
4. Prior to the date of application, the applicant has had any license, certificate, or license related to the practice of massage or operation of a massage establishment or massage service revoked; or
5. The applicant has been convicted of any of the following offenses, at any time prior to making application:
a. Any offense involving the use of coercion, force, or violence upon another person; or
b. Any misdemeanor sexual battery; or
c. Any offense involving sexual misconduct with children; or
d. Any offense involving pimping or pandering; or
e. Any offense related to human trafficking; or
f. Any offense requiring registration pursuant to title 77, chapter 41 of the Utah Code Annotated; or
6. Sanitation violations pursuant to section 4-12-11A.
7. The business license official revoked permission to operate a massage business at the same location within the prior thirty six (36) months; or
8. The business license official finds that the premises or the massage business will be or is being managed, conducted, or maintained in such a manner as to endanger the health and safety of the employees or clients, or to coerce any employee to engage in illegal conduct; or
9. The applicant has not fully complied with the provisions of this chapter; or
10. The applicant has not demonstrated eligibility for a license under this chapter.
C. Right To Request For Reconsideration Of Denial By Business License Official: If an application for a massage establishment, sole practitioner massage establishment, or an outcall massage service permit is denied, the applicant may make a request for reconsideration to the business license official within fourteen (14) calendar days of the date listed on the notice of denial by notifying the business license official in writing and explaining the ground or grounds for reconsideration. Within ten (10) calendar days of receipt of the request for reconsideration, the business license official shall review the records, and at the discretion of the business license official, may hold a hearing to consider the request for reconsideration, before issuing a final written decision.
D. Right To Appeal Business License Official's Final Written Decision: If an application for a massage establishment, sole massage therapist establishment, or an outcall massage service license is denied after a business license official's request for reconsideration pursuant to division C, the applicant may appeal the denial to the city manager within fourteen (14) calendar days of the date listed on the notice of denial by submitting a written notice of appeal to the city recorder. This appeal shall be a review of the written basis for appeal, any written response from the city, and the record. No testimony will be provided. The written appeal shall include the following:
1. A brief basis for appeal, no more than two (2) pages.
a. The format for the written appeal shall be twelve (12) point font, double-spaced, on standard sized (eight and a half by eleven inch (8.5" x 11")) paper, with one inch margins;
2. A complete and accurate copy of all documents provided by the applicant to be considered during the business license official hearing; and
3. A complete and accurate copy of the business license official's final written decision from the request for reconsideration.
E. The city may or may not submit a written response within seven (7) calendar days to the "brief basis for appeal" under the length and formatting requirements set forth in division D1a.
F. The city manager shall make a written final determination. The city manager shall make this final determination not less than seven (7) calendar days, but no more than fourteen (14) calendar days from the date of a timely made appeal.
G. The failure of the city manager to provide a timely final determination as outlined above shall be considered an upholding of the business license official's final written decision. (Ord. 2019-24, 9-10-2019)