(A) If the City Inspector finds no violation or compliance problems, he or she shall cause such approval to be delivered to the appropriate city department, which shall then issue the license unless it finds:
(1) The correct permit/license fee has not been tendered to the city and, in the case of a check or bank draft, not honored with payment upon presentation;
(2) The operation, as proposed by the applicant, if permitted, would not comply with applicable city and/or state laws, including, but not limited to, the city’s building, zoning and health ordinances;
(3) (a) The applicant, if an individual; or any of the stockholders holding more than 10% of the stock of the corporation and the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; or managers and members if the entity is a limited liability company; or the manager or other person principally in charge of the operation of the business, have been convicted of any of the following offenses:
1. An offense involving the use of force and violence upon the person of another that amounts to a felony;
2. An offense involving sexual misconduct, as defined in § 119.02 of this chapter; or
3. An offense involving narcotics, dangerous drugs or dangerous weapons that amounts to a felony.
(b) The city may issue a license to any person convicted of any of the crimes described above if such conviction occurred and any sentence imposed therefor has been completed at least five years prior to the date of the application and the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor convictions for any such crime mentioned above.
(4) The applicant has knowingly made any false, misleading or fraudulent statement of fact in the application or in any document required by the city in conjunction therewith;
(5) The applicant has had a massage establishment, massage therapist or other similar permit or license denied, revoked or suspended by any other city or any other state or any other local agency within five years prior to the date of the application;
(6) The applicant, if an individual; or any of the officers and directors or owners of corporate stock, if the applicant is a corporation; or the holders of an ownership interest or managers in a limited liability company; or any of the partners including limited partners, if the applicant is a partnership; and the manager or other person principally in charge of the operation of the business, is not at least 18 years of age; and
(7) The applicant’s facility does not meet the requirements of this chapter.
(B) A person who is required by the provisions of this subchapter to obtain a license shall pay to the city the fee, which shall include the costs of inspection by a medical or health care professional having appropriate training to address the issues of a massage facility and massage therapists, the amount which shall be established by resolution. Copies of such ordinance or resolution will be on file in the office of the City Clerk for review.
(Ord. 760, passed 3-9-2016)