It shall be grounds for denial, revocation and/or suspension of an application or massage therapy business permit if one or more of the following conditions are met:
(A) If the applicant or permittee, or employees of the same, is not complying with or has a history of violations of the laws and ordinances that might adversely impact public health or safety, either in Clinton or any other jurisdiction. For purposes of this section, "applicant or permittee" is defined to include any current or former corporations in which applicant or permittee has, or had, an ownership interest, and including any aliases of applicant or permittee, and includes any persons who will be participants in the proposed business of applicant or permittee;
(B) If the applicant or permittee has had a similar license or permit denied, revoked or suspended in any other city, county or other municipality in Iowa or any other state within the previous five years;
(C) If the permittee solicits or advertises, whether expressly or by implication, to offer services that are a violation of this chapter. This provision is enforceable regardless of whether said solicitations or advertisements are made personally by the applicant/permittee or made under the guise of any other existing or prior businesses associated with such individuals or establishments;
(D) If the permittee is convicted of any violation, reasonably related to the permitted activity and/or occurring on the permitted premise, of any city ordinance or federal or state statute;
(E) If there is fraud or deception involved in the permit application;
(F) If the permittee is found to be in control or possession of any narcotic drugs or controlled substances on the premises for which they are permitted to operate, possession of which is illegal as defined by Iowa statutes or city ordinances;
(G) If the permittee has, in the past, engaged in willful disregard for health codes and regulations in Clinton or any other jurisdiction in connection with the massage business;
(H) If the applicant fails to provide all the information and certificates required by this chapter;
(I) The applicant cannot demonstrate a reasonable likelihood that a licensed massage therapist will be present at the permitted business, and that only licensed massage therapists will perform services at the permitted business; or if the permittee allows an unpermitted individual(s) to conduct massage therapy services at the permittee's premises, regardless of whether the permittee expressly authorized or had actual knowledge;
(J) If the permittee refuses to permit any authorized police officers or authorized city, county, or state governmental officials to inspect the premises or operations;
(K) If the permittee is found to be violating any provision(s) of this chapter or the Iowa Code;
(L) If the business, or any individual performing activities covered by this chapter at the permitted premises, promotes its services on websites that are known to advertise services that are illegal; or
(M) If the background evidence indicates the application is a subterfuge to obtain licensure for persons or entities who would otherwise be barred by this section.
(Ord. 2603, passed 3-12-2019)