(a) Required.
(1) No massage technician shall administer a massage in a massage parlor without a valid, nonsuspended permit issued pursuant to this article.
(2) No person shall establish, maintain or operate a massage parlor in which a massage technician, who does not have a valid, nonsuspended permit issued pursuant to this article, administers massages.
(b) Application; Investigation Fee.
(1) Any person desiring a permit required by this article shall make application to the Chief of Police. Such application shall be accompanied by an investigation fee of twenty dollars ($20.00) payable to the City. Such application shall contain the name, address, telephone number, last previous address, date of birth, place of birth, height, weight, current and last previous employment of the applicant. In addition, such application shall include a sworn statement as to whether or not the applicant has been convicted, plead nolo contendere or suffered a forfeiture within the last five years on a charge of violating any provision included in the following sections of the West Virginia Code: 61-2-14--61-2-15; 61-8-1--61-8-13; 61-8-27--61-8-29; 61-8A-1--61-8A-7, which laws relate to sexual offenses; or on a charge of violating a similar law of any jurisdiction.
(2) The application provided for in this section shall state thereon that "it is unlawful for any person to make a false statement on this application and discovery of a false statement shall constitute grounds for denial of any application of revocation of permit."
(3) Each applicant shall be photographed and have his fingerprints taken, which fingerprints and photograph shall constitute part of the application.
(c) Investigation of Applicant; Hearings.
(1) Upon receipt of the application and fee provided for in subsection (b) hereof, the Chief of Police shall make or cause to be made a thorough investigation of the criminal record of the applicant. The Chief shall deny any application for a permit under this article, after notice and hearing, if he finds that the applicant is less than eighteen years of age or has been convicted, plead nolo contendere or suffered a forfeiture within the last five years on a charge of violating any provision included in the following sections of the West Virginia Code: 61-2-14--61-2-15; 61-8-1--61-8-13; 61-8-27--61-8-29; 61-8A-1--61-8A-7, which laws relate to sexual offenses; or on a charge of violating a similar law of any jurisdiction. The making of a false statement on the application shall also be grounds for denial of such permit.
(2) Notice of the hearing before the Chief of Police for denial of the application shall be given in writing setting forth the grounds of the proposed denial and the time and place of the hearing. Such notice shall be mailed by certified mail to the applicant's last-known address at least five days prior to the date set for the hearing. The Chief of Police shall submit his decision to the applicant within five days of his decision or within thirty days of the hearing, whichever is sooner.
(d) Term; Renewal. A permit issued under this article shall be valid for a period of one year, unless sooner revoked, and it may be renewed for additional one-year periods upon the filing of a new application and payment of the twenty dollar ($20.00) investigation fee. All provision of this article shall apply to renewals in the same manner as they apply to original applications.
(e) Display. Every massage technician shall display his permit, on which the technician's photograph shall be attached, in a prominent place in the immediate area in which the technician operates, so that it is clearly visible to the patrons of the massage parlor.
(f) Revocation.
(1) The Chief of Police shall revoke a permit issued under this article, after notice and hearing, if he finds that the holder thereof is less than eighteen years of age, has within the last five years been convicted, plead nolo contendere or suffered a forfeiture on a charge of violating any provision included in the following sections of the West Virginia Code: 61-2-14--61-2-15; 61-8-1--61-8-13; 61-8-27--61-8-29; 61-8A-1--61-8A-7, which laws relate to sexual offenses; or on a charge of violating a similar law of any jurisdiction. The permit shall also be revoked by the Chief, if he finds, after notice and hearing, that any permit holder has made a false statement on the application for the permit.
(2) Notice of the hearing before the Chief for revocation of the permit shall be given in writing to the permit holder, at his last-known address, by certified mail, at least eight days prior to the hearing and no more than thirty days prior to the hearing. Such notice shall set forth the grounds of the proposed revocation and the time and place of the hearing.
(3) At the hearing, the permit holder may be represented by counsel, may cross examine witnesses and may present evidence in his favor.
(4) The Chief of Police shall submit his decision to the permit holder within five days of his decision or within thirty days of the hearing, whichever is sooner.
(Passed 6-26-75.)