(A) Upon receipt of the recommendations of the departments referred to in Division 117.03(B) by the Village Administrator, the Village shall issue a permit to maintain, operate or conduct a massage establishment, unless it is found that:
(1) The operation, as proposed by the applicant, if permitted, does not comply with all laws, including, but not limited to, the Building and Zoning Codes of the Village.
(2) The applicant or any other person who will be directly or indirectly engaged in the management and operation of a massage establishment has been convicted of:
(a) A felony;
(b) An offense involving sexual misconduct with children; or
(c) Prostitution, pimping or other offense opposed to decency and morality.
(3) The applicant has had a massage business, massage therapist or other similar permit or license denied, revoked or suspended by any city, village or town within 5 years prior to the date of the application.
(B) The Chief of Police, in his discretion, may recommend issuance of a permit by the Village to any person convicted of any of the crimes in Division (A)2(a), (b) and (c) if he finds that such conviction occurred at least 5 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.
(C) Within 10 days of receipt of the recommendations of the aforesaid departments, the Village Administrator 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 30 days unless otherwise agreed to by the applicant. Upon the conclusion of such additional investigation, the Village Administrator shall advise the applicant in writing whether the application is granted or denied.
(D) The failure or refusal of the applicant to promptly give any information relevant to the investigation of the application, or his or her refusal or failure to appear at any reasonable time and place for examination under oath regarding the said application, or his or her refusal to submit to or cooperate with any inspection required by this Chapter shall constitute an admission by the applicant that he or she is ineligible for such permit and shall be grounds for denial thereof by the Village.
(Ord. 96-8-985, passed 8-26-96)