(A) Upon receipt of an application properly filed with the Director and upon payment of the non-refundable application fee in the amount of $150, the Director or his or her designee shall immediately stamp the application as received and shall immediately thereafter initiate an investigation of the application and the proposed massage establishment by all appropriate county departments and agencies.
(1) The Director shall approve or deny the issuance of a license to an applicant within ten business days after receipt of a completed massage establishment application.
(2) The Director shall approve the issuance of a license to an applicant unless he or she determines that one or more of the following is true:
(a) An applicant is under 18 years of age;
(b) An applicant is overdue on payment to the county of taxes, fees, fines or penalties assessed or imposed upon the applicant;
(c) An applicant has failed to provide information required by this chapter for the issuance of the license or has falsely answered a question or request for information on the application form;
(d) The premises to be used for the massage establishment is not in compliance with applicable health and fire regulations required for buildings and structures within the county;
(e) The premises to be used for the massage establishment is not in compliance with applicable building and plumbing codes required for buildings and structures within the county in effect at the time of filing and does not have on display a certificate of occupancy issued by the county for the specified use of the premises;
(f) The license fee required by this chapter has not been paid; and/or
(g) An applicant has failed to comply with any provision or requirement of this chapter.
(B) If the Director fails to find one or more of the above enumerated conditions present within ten days from the date of receipt of the application, then he or she shall issue the license. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date and the address of the massage establishment. All licenses shall be posted in a conspicuous place at or near the entrance to the massage establishment so that they may be easily read at any time.
(1) Licenses shall expire one year from date of issuance and may be renewed on an annual basis thereafter with the payment of a renewal fee in the amount of $75 and a reinspection as ordered by the Director.
(2) If the license application is denied, then the applicant shall be notified of the denial in writing and be afforded a hearing before the Fiscal Court.
(3) Written notice of any denial hereunder and any hearing thereon before the Fiscal Court may be given to the licensee by delivering the notice by hand to the licensee or, in his or her absence, to any adult person employed by the licensee at licensed premises or the deposit of the notice postage prepaid with the United States Postal Service and addressed to the licensee at the licensed premises, not less than ten days prior to such hearing before the Fiscal Court, and the licensee may present such evidence or witnesses as he or she shall wish to the Fiscal Court. The Fiscal Court may uphold the denial or remand the application back to the Director for further investigation. A simple majority vote by the Fiscal Court shall control.
(4) The applicant may reapply for a license no sooner than six months after the denial by the Director.
(Ord. 99-6, passed 11-15-1999; Ord. 99-6.1, passed 3-27-2000) Penalty, see § 95.99