(A) No person shall operate a massage therapy establishment unless the person shall have first obtained a business registration from the town and applied for and received the massage therapy establishment registration provided by this section.
(B) Every application for a massage therapy establishment registration prescribed in this section shall include two forms approved by the town and supplied by and filed with the Tax Collector: the business registration, which is required for any business operating within the town limits, and a registration application for the massage therapy establishment. If the business owner is also working as a massage therapist, a massage therapist registration application is required. In addition, every massage therapist working at the business is required to have an individual massage therapist registration. Every massage therapy business establishment registration and massage therapist registration application shall be made under oath and shall contain the following information:
(1) If the applicant is a person, the name and residence address of the person; if the applicant is a partnership, corporation or association, the name and residence address of all principal officers of the partnership, corporation or association;
(2) The address of the premises where the massage therapy establishment shall be located;
(3) A complete statement of all convictions of any person whose name is required to be given in division (B)(1) above for any offense as previously set out herein;
(4) A complete statement of any revocation by any governmental unit of any license or registration to operate a massage therapy establishment or to engage in the business or profession of massage therapy held by any person whose name is required to be given in division (B)(1) of this section; and
(5) The name and address of any massage therapy establishment or other establishment owned or operated by any person whose name is required to be given in division (B)(1) of this section wherein the business or profession of massage is carried on.
(C) The Tax Collector shall transmit a copy of the application to the police for an investigative report and to the Planning and Zoning Department of the town to determine if the proposed establishment is in compliance with all zoning ordinances. The police and the Planning and Zoning Department shall, within a reasonable time, not to exceed 30 days, report the results of their examinations to the Tax Collector.
(D) An application in proper form, accompanied by all reports required herein, shall be submitted to the Town Council, which shall approve the application if the Town Council determines that:
(1) The application contains no misstatement of fact;
(2) The applicant and any person having legal or beneficial ownership interest in the proposed establishment is over the age of 18 years and has not been convicted of any crime involving sexual misconduct, as set forth in this chapter;
(3) The proposed establishment conforms to all requirements of applicable zoning ordinances; and
(4) The applicant or any person having a legal or beneficial ownership or interest in the proposed establishment has not, for the 3-year period preceding the application, had a previously issued license or registration for engaging in the business or profession of massage or a license or registration to operate a massage business revoked.
(Am. Ord. passed - - ) Penalty, see § 115.99