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(A) Each application to the Director for a massage facility employee license shall be made in person by the applicant and shall set forth the following:
(1) The name, address, date of birth, telephone number, physical description, and two recent photographs of the applicant;
(2) The name and address of the massage facility where the applicant is to be employed, and the name of the owner of the facility, if known at the time of application;
(3) The names and addresses of the last three employers and any and all previous establishments where the applicant has been employed as a massage facility employee;
(4) All criminal convictions of the applicant, other than misdemeanor traffic violations for the past ten years;
(5) Whether any massage facility employee license previously has been denied the applicant or revoked and, if so, the reasons or the circumstances surrounding the denial or revocation; and
(6) A complete set of fingerprints of the applicant.
(B) All massage facility employee license applications shall be accompanied by a certificate from a medical doctor stating the applicant, within 30 days immediately prior to the filing of his or her application, has been examined and found to be free from any venereal disease.
(C) A nonrefundable fee of $25 shall accompany the application.
(D) A massage facility employee license shall be issued by the Director to the applicant within 15 business days after receipt of the application if the applicant has furnished accurate and complete information on the application and has not been convicted of a felony, an offense involving a violation of KRS Chapters 510 or 529, or the equivalent violation under the laws of any other jurisdiction, within the five years next preceding the date of application or any violation of this subchapter.
(E) In the event of denial, notice and reasons for denial shall be given to the applicant in the same manner provided by § 115.172(F).
(1999 Lou. Code, § 111.398) (Lou. Ord. No. 101-1974, approved 8-27-1974; Lou. Am. Ord. No. 28-1976, approved 5-1-1976; Lou. Am. Ord. No. 60-1986, approved 2-27-1986; Lou. Metro Am. Ord. No. 246-2007, approved 11-12-2007) Penalty, see § 115.999
(A) The Director may suspend or revoke a massage facility license or a massage facility employee license on the showing at a hearing of the existence of any facts or conditions which would justify the denial of an original application or renewal thereof or that the licensee has violated or failed to perform any duty imposed by this subchapter. The Director shall notify the affected party of his or her decision to suspend or revoke, and the reasons therefore, by certified letter, return receipt requested, sent to the most current address listed in the affected party’s file.
(B) In the event the Director denies an application for a massage facility or massage facility employee license, suspends or revokes a license of either kind, or denies the transfer of a massage facility license, the Director shall advise the affected party of the right to appeal any such decision in the written notices of such actions required by this chapter. When the Director denies an application for a massage facility or a massage facility employee license, the applicant shall not operate as a massage facility or act as a massage facility employee until either the Code Enforcement Board or a court of competent jurisdiction so orders. Otherwise, any decision by the Director to suspend or revoke any license issued hereunder shall remain in abeyance until all appeals are exhausted or the time for filing the initial appeal from the Director’s decision under subsection (C) hereof has expired.
(C) Upon receipt of a decision from the Director to deny an application for a massage facility or massage facility employee license, to suspend or revoke a license, or to deny the transfer of a massage facility license, the party affected thereby shall have ten business days from the date of receipt of said notice to appeal the Director’s decision by notifying him or her in writing of the basis for said appeal. The notice of appeal may be hand delivered to the Director or sent certified mail, return receipt requested. Unless a timely notice of appeal is received, the decision of the Director shall be final.
(D) When the Director receives a notice of an appeal, he or she shall schedule a time and date for the appeal to be heard before the Code Enforcement Board and such hearing shall be held within 30 calendar days of the date the Director receives the notice of appeal. The Director shall notify the appellant in writing of the hearing date and may send such notice by regular first class mail. The appellant may request an alternate hearing date but in no event shall it be more than 30 days after the originally scheduled date.
(E) At the hearing on any license denial, suspension, revocation or denial of license transfer, the appellant shall have the right to counsel, present evidence and offer testimony by witnesses. After the Code Enforcement Board hears the evidence, the Board shall render its decision and furnish written findings within 20 days of its oral decision. The Board's decision will be final unless appealed.
(F) Any party adversely affected by the Code Enforcement Board's decision may appeal it to the Jefferson District Court within 30 days of the date the Board issues its written findings. The party appealing the Board's decision will be responsible for the cost of any recording or transcript of the proceedings which, along with evidence presented and the written findings of the Board, shall constitute the record on appeal. The decision of the Board shall be effective during the pendency of the appeal unless stayed by a court of competent jurisdiction.
(1999 Lou. Code, § 111.399) (Lou. Ord. No. 101-1974, approved 8-27-1974; Lou. Am. Ord. No. 60-1986, approved 2-27-1986; Lou. Metro Am. Ord. No. 246-2007, approved 11-12-2007; Lou. Metro Am. Ord. No. 206-2010, approved 10-22-2010)
The provisions of this subchapter shall not apply to any person or facility licensed or regulated pursuant to KRS 309.350 et seq. or to any employee thereof. With the exception of those persons described in KRS 309.352(4), all other persons and practitioners identified in KRS 309.352, and their employees, also shall be exempt from the provisions of this subchapter.
(1999 Lou. Code, § 111.400) (Lou. Ord. No. 101-1974, approved 8-27-1974; Lou. Am. Ord. No. 68-1976, approved 6-29-1976; Lou. Metro Am. Ord. No. 216-2003, approved 12-15-2003; Lou. Metro Am. Ord. No. 246-2007, approved 11-12-2007)
(A) No sign, advertisement, or display structure shall be erected, constructed, or maintained on the structure where a massage facility is located which shall advertise so as to convey the impression that massages are given or that an establishment is a massage facility until the massage facility and the massage facility employees are licensed. No person or business shall advertise in any media whatsoever, written or pictorial, in such a manner so as to convey the impression the person or business provides massages at a particular location or for hire unless such person or business is properly licensed and in compliance with all provisions hereunder.
(B) The Director is authorized to pursue all available civil remedies to enforce the provisions of subsection (A) of this section.
(1999 Lou. Code, § 111.401) (Lou. Ord. No. 28-1976, approved 5-1-1976; Lou. Am. Ord. No. 60-1986, approved 2-27-1986; Lou. Metro Am. Ord. No. 246-2007, approved 11-12-2007) Penalty, see § 115.999
In addition to the penalties provided in § 115.999(E), the Director is authorized to enforce the provisions of this chapter through declaratory, injunctive and other civil actions filed in any court of competent jurisdiction.
(Lou. Metro Am. Ord. No.246-2007, approved 11-12-2007)
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