(A) Permit required. It shall be unlawful for any person to engage in, conduct, or carry on or permit to be engaged in, conducted, or carried on, in or upon any premise in the town, the operation of a massage establishment, as herein defined, without first having obtained a permit from the Chief of Police. Such permit shall be in addition to any permits, licenses or requirements of the State Department of Public Health or the local Health Department.
(B) Application. Each applicant for a permit to maintain, operate or conduct a massage establishment shall file an application with the Chief of Police or his/her designee and pay a filing fee of $125 which shall not be refundable. Such application shall be in writing, signed and sworn to by the applicant, and shall set forth:
(1) The exact nature of the massage to be administered, proposed place of business and facilities therein, and the name and address of each applicant;
(2) Written proof that the applicant is at least 18 years of age;
(3) Two portrait photographs of at least two inches by two inches and a complete set of the applicant’s fingerprints which shall be taken by the Chief of Police or his/her authorized representative;
(4) Business, occupation or employment of the applicant for the three years immediately preceding the date of the application;
(5) Massage or similar business license history of the applicant, whether such person has previously operated in this or in another city or state under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation;
(6) Any criminal convictions, except minor traffic violations; and
(7) Such other information as may be necessary in order for the Chief of Police or his/her designee to make any determination required by this chapter.
(C) Issuance of massage establishment permit. The Chief of Police or his/her designee issue a permit to operate a massage establishment upon finding:
(1) All requirements concerning the operation and facilities described in this chapter are met as of the effective date of the permit.
(2) Compliance with all local and state statutes, codes, chapters rules and regulations, including, health, housing, planning, zoning, building, fire and safety requirements as well as terms and conditions as the State Commissioner of Public Health or the local health director finds necessary and proper as of the effective date of the permit.
(3) That the nature of the massage administered will not endanger the health or safety of patrons of the massage establishment.
(4) That the applicant or any other person who will be directly engaged in the management and operation of a massage establishment has not been convicted of a felony, an offense involving the unauthorized practice of the healing arts, sexual misconduct with minors, obscenity, keeping or residing in a house of ill fame, solicitation of a lewd or unlawful act, prostitution, pandering or human trafficking and has not had a permit to operate a massage establishment or massage permit suspended or revoked in this town or any other town or state; or that such conviction, suspension or revocation occurred at least three years prior to the date of the application.
(5) The applicant must furnish authorization to the Chief of Police or his/her authorized representatives, to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for permit. The Chief of Police may require, and the applicant must furnish any other identification and information to discover the truth of the matter hereinbefore specified as required to be set forth in the application.
(Ord. 653, passed 11-10-14) Penalty, see § 115.99