(A) Permit required. No person shall engage in, conduct or carry on, or shall permit to be engaged in, conducted or carried on, upon any premises in the city, the operation of a massage establishment or of an off-premises massage business, as herein defined, without first obtaining a permit so to do from the City Recorder. The possession of a valid massage establishment permit or an off- premises massage business permit does not authorize the permittee to perform work for which a massage technician permit is required.
(B) Permit fee. Applicants for a permit hereunder shall pay a nonrefundable permit application fee of $100, plus the actual cost of an inspection by the Health Department required under division (D) below.
(C) Application: contents. Any person desiring to obtain a permit to operate a massage establishment or an off-premises massage business shall make application under penalty of perjury to the City Recorder, which application shall be submitted in duplicate and shall contain the following information:
(1) If the applicant is a corporation or partnership, it shall designate one of its officers or general partners to act as its responsible managing officer, and such person shall complete and sign all application forms required by the Administering Officer;
(2) If the applicant is a partnership, there shall be submitted a copy of any partnership agreement, which shall be certified by the responsible managing officer;
(3) If the applicant is a limited partnership, there shall be submitted a copy of the limited partnership agreement, if any, and the certificate of limited partnership as filed with the County Clerk, which documents shall be certified by the responsible managing officer;
(4) If the applicant is a corporation, or a partner or any partnership is a corporation, then the name of the corporation shall be set forth exactly as shown in the articles of incorporation, and there shall be submitted a certified copy of the articles of incorporation, together with any authorizations to issue or transfer stock, as well as proof that such corporation is in good standing and, if a foreign corporation, duly authorized to transact business in the state;
(5) The exact name, including any fictitious name, if applicable, under which the business is to be operated;
(6) A description of the service or services to be provided, the address of the proposed location and the facilities thereof;
(7) A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant;
(8) The names and residence addresses of all massage technicians who are or will be employed, or acting as independent contractors, in the massage establishment or the off-premises massage business;
(9) The massage or similar business license history of the applicant; whether such person, in previously operating in this or another city or state has had a business license or permit revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation; and
(10) Every applicant for a permit, whether an individual or combination of individuals, and each partner or limited partner of an applicant, if a partnership applicant, and every officer, director and each stockholder holding 5% or more of the stock of a corporate applicant, shall furnish the following information:
(a) The full name, date of birth, current residence and business address, and telephone numbers;
(b) West Virginia driver’s license number or identification number and Social Security number, if any;
(c) Any other names or aliases, including nicknames, used within five years immediately prior to the date of filing the application;
(d) Each residence and business address for the five years immediately prior to the date of filing the application, and the inclusive dates of each such address;
(e) Written proof that each individual is at least 18 years of age;
(f) Height, weight, sex, color of eyes and hair, photograph and finger and thumb prints. Photographs shall be two inches by two inches, showing the head and shoulders in a clear manner and shall have been taken within 60 days prior to the filing of the application;
(g) The massage or similar business license or permit history of each individual; whether such individual, in previously operating in this or any other city or state, has had a business license or permit revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation;
(h) The name and address of any massage business or other establishment currently owned or operated by such individual wherein the business of massage is conducted;
(i) Any conviction, forfeiture of bond or plea of nolo contendere upon any criminal violation or city ordinance violation (except minor traffic violations), within a five-year period, and, if so, the place and court in which such conviction, plea or forfeiture was heard, the specific charge and the sentence imposed as a result thereof;
(j) The names, current addresses and written statements of at least two reliable property owners of Kanawha County who will certify as to such individual’s good character or business responsibility; or, in lieu of such references, such other available evidence as to the good character or business responsibility of such individual as will enable the Chief of Police to properly evaluate such character or business responsibility;
(k) The name and address of the record owner and lessor of the real property upon or in which the massage establishment or off-premises massage business is to be conducted, and a copy of the lease or rental agreement. If the applicant is not the legal owner of the property, the application must be accompanied by a notarized acknowledgment from the record owner of the property that a massage establishment or an off-premises massage business will be located on such property;
(l) Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit; and
(m) Such other identification and information as may be necessary to verify the truth of the matters hereinabove specified as required to be set forth in the application.
(D) Permit procedures.
(1) Subsequent to the filing of an application for a massage establishment permit or an off-premises massage business permit, the City Recorder shall transmit the application to the Chief of Police for investigation and report pursuant to § 111.33; provided however, that the Recorder shall not forward an application for a massage establishment permit to the Chief of Police unless and until a letter of compliance has been issued by the Kanawha-Charleston Health Department in accordance with the following procedures. Upon filing an application for a massage establishment permit, the Recorder shall notify the Environmental Health Division of the Kanawha-Charleston Health Department. The Environmental Health Division shall cause an inspection to be made of the premises for which a permit is desired within 20 days to ascertain if the premises are in compliance with all applicable health laws. If the premises are in compliance, the Environmental Health Division shall issue a letter so stating and shall thereupon transmit the application to the County Sheriff for investigation and report as provided herein. If the premises are not in compliance, the Environmental Health Division shall issue a letter and shall reinspect the premises no more than twice upon written request of the applicant who shall pay all costs thereof. If a letter of full compliance is not issued by the Environmental Health Division within 90 days of the date of the filing of the application, the application shall be deemed withdrawn and a new application must be filed.
(2) The City Recorder, concurrently with the referral of an application to the Police Chief, shall also refer such application to the Fire Chief and Building Inspector to investigate and ascertain within the scope, jurisdiction and duties of such departments, whether the premises to be used are suitable, proper and adequate and comply with the law for the issuance of the permit.
(3) The investigating officers or representatives of such departments shall file with the City Recorder their reports in writing, stating the extent of their investigation, particulars of objections and their recommendations.
(4) The City Recorder, within ten days after receiving the above-mentioned recommendations, shall in his or her discretion grant or refuse to grant the permit.
(5) In addition to grounds for refusal set forth in § 111.33, no permit shall be granted:
(a) In violation of any provisions of this chapter or the applicable laws of the state; or
(b) If it is found that the applicant or any other person who will be directly or indirectly engaged in the ownership, management or operation of the massage establishment or the off- premises massage business:
1. Has knowingly made any false, misleading or fraudulent statement of facts in the permit application, or any other document required by the city in conjunction therewith;
2. Is not 18 years of age or older;
3. Has had a massage establishment, off-premises massage business, massage technician or other similar permit or license denied, revoked or suspended by the county or any other state or local agency within five years prior to the date of application; or
4. Has been convicted or has entered a plea of guilty or nolo contendere for a felony or any crime of moral turpitude or any offense involving sexual misconduct including, but not limited to, any crime or offense specified in W. Va. Code Chapter 61, as amended from time to time, unless the Chief of Police finds that the offense is not reasonably related to the occupation being regulated.
(6) The City Recorder shall issue the permit if granted. The permit shall be limited to the uses requested in the application and subject to such other restrictions, terms and conditions as the Recorder may prescribe. Permits may be granted conditionally in order to ensure compliance with the provisions of this chapter.
(Prior Code, § 1123.04) (Ord. 84-7, passed 9-4-1984)