(A) Following the inspection and investigation of each reviewing agency, but in any event within 30 days from the receipt of any application for a massage establishment from the City Clerk or a designee, each such agency shall provide written findings to the City Clerk or a designee concerning whether the premises and the individuals identified in divisions (A) and (B) of § 119.04 are in compliance with all of the codes, ordinances and regulations of the city that each such agency is responsible to administer. It shall be the responsibility of the applicant to secure any necessary approvals from such reviewing agencies.
(B) The City Clerk or a designee shall issue a massage establishment license to the applicant if, based on the findings of the reviewing agencies, all the requirements for the license have been met. If, based on the agencies’ findings, all requirements for the license have not been met, the City Clerk or a designee shall deny a massage establishment license to the applicant in writing; provided, however, that no license shall be issued whenever:
(1) The correct license fee has not been tendered or, in the case of a check or bank draft, has not been honored with payment upon presentation;
(2) The operation of the massage establishment, as proposed by the applicant, would not, if permitted, comply with all applicable laws, including but not limited to the city’s building and zoning laws;
(3) Any individual identified in divisions (A) and (B) of § 119.04 has been convicted of any specified criminal act, as defined herein, or has been convicted of an offense outside the State of Illinois that would have constituted any such specified criminal act if committed within the State of Illinois; provided that, upon the recommendation by the Chief of Police or a designee, the City Clerk or a designee shall issue a license to an individual identified in division (B) has been convicted of any specified criminal act, but the Chief finds that such conviction occurred at least five years prior to the date of application, and the individual has had no subsequent convictions for such offenses;
(4) Any individual identified in divisions (A) and (B) of § 119.04 does not otherwise comply with the requirements of this chapter and any other applicable laws, codes, ordinances, rules, and regulations of the city, county or State of Illinois;
(5) 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;
(6) Any individual identified in divisions (A) and (B) of § 119.04 has been denied a license for any business proposed to be operated as a massage establishment or similar business by the city or any other governmental entity, or has been denied a massage therapist license by the State of Illinois, or has had any such license revoked with the 12 months immediately preceding the application filed under this chapter, or is under suspension at the time of the application hereunder;
(C) The action taken by the City Clerk or a designee to issue or deny a massage establishment license shall be final and shall be subject to judicial review.
(D) Any person who is granted a license underthe provisions of this section shall notify theCity Clerk or a designee in writing of any change in any of theinformation required to be furnished as part of the application within ten days after such change occurs, including any change in the individual designated as the manager of the massage establishment premises or any massage therapist who is or will be employed on such premises, and shall provide the information required for such individuals in division (B) of § 119.04. Any new manager or massage therapist must comply with all requirements of this chapter and state law. Failure to provide such notice shall be deemed a violation of this chapter.
(Ord. 09-44, passed 2-23-10) Penalty, see § 119.99