A. Massage Establishment Or Bathhouse License: The sheriff may refuse issuance of any massage establishment or bathhouse license, and he may order the suspension or revocation of such license upon his finding after such investigation or hearing as he deems necessary that:
1. Such license was issued illegally or by mistake or inadvertence or was procured by fraud, misrepresentation, false or misleading statements, evasions or suppression of material facts or that any of the material facts contained in the application for such license are false;
2. Any person owning an interest or sharing in the profits of such business, including any corporate stockholders, or, if a corporation, any officer or director thereof, or any person acting as proprietor, manager or person in charge of such business:
a. Has been convicted within the past five (5) years of any felony or of any violation of any federal, state or local law relating to sex offenses or to the possession, use or sale of drugs or controlled substances, or to the sale of alcoholic beverages, or of any act or omission in violation of this chapter or of any crime involving moral turpitude or has forfeited a foregoing offense;
b. Has been guilty of any act or omission in violation of this chapter or any misconduct or improper, fraudulent or wrongful behavior relating to the giving of massages or baths or to the management of massage establishments or bathhouses or to the fitness of such person to engage in such business, or of any act or default which is discreditable to such business of which is lewd or dissolute;
c. Is not of good moral character;
d. Was previously sharing in the profits of any massage establishment or bathhouse or, if a corporation, was acting as officer or director thereof, or was acting as proprietor, manager or person in charge of such business at a time when any license issued pursuant to this chapter for such business was revoked.
3. Any servant, agent, employee or representative of such business has been guilty of any act or omission while on the premises of such business which is in violation of this chapter or of any misconduct or improper, fraudulent or wrongful behavior relating to the giving of massages or baths or to the fitness of such person to engage in such business or of any act or default which is discreditable to such business or which is lewd or dissolute, if:
a. The circumstances surrounding any of the foregoing acts or omissions are such as to establish a lack of adequate supervision or control or are such as to establish that such act or omission was knowingly allowed by any person sharing in the profits of said business or, if a corporation, any officer or director thereof, or of any person acting as proprietor, manager or person in charge of such business;
b. In any event, if three (3) or more such acts or omissions have occurred on the premises of such business within a period of two (2) years;
4. Such denial, suspension or revocation is necessary to protect the public safety, morals or welfare or the operation of such business would be detrimental thereto or in violation of any federal, state or local law.
5. The holder of any massage establishment license or bathhouse license and all persons owning an interest or sharing in the profits of such business, including any corporate stockholders, and, if a corporation, all officers and directors thereof, and all persons acting as proprietor, manager or person in charge of such business shall be held strictly liable and shall be responsible and accountable for any act or omission of each other under the provisions of this section and for any act or omission of any servant, agent, employee or representative of such business as provided by subsection A3 of this section, if such acts or omissions establish a lack of adequate supervision or control or were knowingly allowed or have occurred three (3) or more times within a period of two (2) years.
B. Massage Establishment Or Bathhouse Employee License: The sheriff may refuse issuance of any massage establishment or bathhouse employee license, and he may order the suspension or revocation of such license upon his finding after such investigation or hearing as he deems necessary that:
1. Such license was issued illegally or by mistake or inadvertence or was procured by fraud, misrepresentation, false or misleading statements, evasions or suppression of material facts or that any of the material facts contained in the application for such license are false;
2. The applicant or holder of such license has been convicted within the last five (5) years of any felony or of any violation of federal, state or local law relating to sex offenses or to the possession, use or sale of drugs, controlled substances or to the sale of alcoholic beverages, or of any act or omission in violation of this chapter or of any crime involving moral turpitude or has forfeited a bond to appear in court for any of the foregoing offenses;
3. The applicant or holder of such license has been guilty of any act, or omission in violation of this chapter or of any misconduct or improper, fraudulent or wrongful behavior relating to the giving of massages or baths or to the management of massage establishments or bathhouses or to the fitness of such person to engage in such business, or of any act or default which is discreditable to such business or which is lewd or dissolute;
4. The applicant or holder of such license is not of good moral character;
5. The applicant or holder of such license has previously had a license issued pursuant to this chapter which has been revoked;
6. The applicant or holder of such license has acted in a manner which endangers the public health, safety, morals or welfare while on the premises of any massage establishment or bathhouse, or that issuance of such license would be detrimental thereto or in violation of any federal, state or local law. (Ord. 144, 10-11-1989)