§ 114.05  REJECTION OF APPLICATION.
   (A)   Massage Establishment, Escort Service and/or Nude Modeling Studio.  Before a permit under this chapter is issued, the Board of Public Safety or its designee shall investigate the character of the applicant or the officers, directors and managers of the business if the applicant is a business.  The Board of Public Safety may deny a permit application based on the following grounds:
      (1)   The applicant, if an individual, or in the case of a corporation, any of its manager(s), officer(s), director(s) or stockholder(s), within the five years preceding the application date, have been convicted of an offense concerning an act of violence, moral turpitude, and/or a sex offense including but not limited to prostitution or public indecency involving the act of touching oneself or another in a sexual manner or prior violation of this chapter, making the applicant ineligible to re-apply for a permit for five  years.
      (2)   The applicant has within the five years preceding the application date:
         (a)   Voluntarily surrendered any license or permit to administer massage therapy, work as an escort or a nude model as a result of or while under investigation; or
         (b)   Voluntarily surrendered any license or permit to operate a massage establishment, escort service or nude modeling studio as a result of or while under investigation; or
         (c)   Had a license or permit to administer massage therapy, act as an escort or nude model or operate a massage establishment, escort service or nude modeling studio denied or revoked by a political subdivision for an act that occurred in that jurisdiction that would constitute a violation of this chapter.
      (3)   The applicant has made any false, misleading or fraudulent statement of fact in the permit application or any document required by the city in connection therewith.
      (4)   The applicant has failed to submit a complete application as specified in §§ 114.03 or 114.04 as applicable.
      (5)   The premises sought to be permitted fail to comply in any manner with any applicable laws or ordinances.
   (B)   Masseuse or Masseur.  Before a license under this chapter is issued, the Board of Public Safety or its designee shall investigate the character of the applicant. The Board of Public Safety may deny a permit application based on the grounds listed in § 114.05(A).
   (C)   This section shall not limit causes for denial but shall be in addition to other causes for denial found by the Board of Public Safety or provided by this chapter.
   (D)   The Board shall notify the applicant in writing of the denial of an establishment permit or an employee/independent contractor permit. Any applicant denied a permit or a renewal thereof by the Board of Public Safety may, within 15 days after the application is denied, appeal the Board's decision in the manner set out in § 114.11. If the applicant fails to file an appeal within 15 days the decision of the Board will become final. Any applicant denied a permit shall be entitled to a refund of the permit fee paid to the City Controller's office.
(Ord. 06-99, passed 5-25-99; Am. Ord. G-16-07, passed 6-12-07)