A. Every applicant for a license to maintain, operate or conduct a massage establishment shall file an application in duplicate under oath with the chief of police upon a form provided by said chief of police and pay a nonrefundable filing fee set forth in section 4-18-1 of this title, plus the actual cost of processing the fingerprints as required by subsection 4-13-5B8 of this chapter, to the director of finance services, who shall issue a receipt which shall be attached to the application filed with the chief of police. The renewal fee shall be set forth in section 4-18-1 of this title, plus the actual cost of processing any additional fingerprints not previously processed by the police department.
B. The city manager shall within ten (10) days refer copies of such application to the community development department, the fire department and the police department. These departments shall, within thirty (30) days, inspect the premises proposed to be operated as a massage establishment and make written recommendations to the city manager concerning compliance with the codes, laws and ordinances they administer.
C. Within thirty (30) days of receipt of the recommendations of the aforesaid departments, the city manager shall notify the applicant that his application is granted, denied or held for further investigation. The period of such additional investigation shall not exceed an additional thirty (30) days unless otherwise agreed to by the applicant. Upon the conclusion of such additional investigation, the city manager shall advise the applicant in writing whether the application is granted or denied.
D. Whenever an application is denied or held for further investigation, the city manager shall advise the applicant in writing of the reasons for such action. An application may be denied by the city manager if he finds:
1. That the operation, as proposed by the applicant, if permitted, would not have complied with all applicable laws, including, but not limited to, all zoning, building, fire, and health codes and any other applicable ordinances and regulations; or
2. That the applicant and/or any other person who will be directly or indirectly engaged in the management and operation of a massage establishment has been convicted, pled guilty to, or been found guilty by a court of law of:
a. A felony;
b. An offense involving sexual misconduct with children;
c. Prostitution, soliciting for a prostitute, pimping or other offenses opposed to decency and morality.
The city manager, at his discretion, may issue a license to any person convicted of any of the crimes in subsections D2a, D2b and D2c of this section if he finds that such conviction occurred at least ten (10) years prior to the date of application, the applicant has had no subsequent convictions and the applicant has shown evidence of rehabilitation sufficient to warrant the public trust.
E. The failure or refusal of the applicant to promptly give any information relevant to the investigation of the application, or his refusal or failure to appear at any reasonable time and place for examination under oath regarding the said application, or his refusal to submit to or cooperate with any inspection required by this chapter shall constitute an admission by the applicant that he is ineligible for such permit and shall be grounds for denial thereof by the city manager.
F. Every massage establishment license issued pursuant to this chapter shall terminate at expiration of the calendar year or unless sooner suspended or revoked. (Ord. M-19-13, 10-7-2013)