No license shall be issued pursuant to this article upon any of the following:
A. The operation of the massage establishment as proposed by the applicant would if permitted not comply with the applicable laws of the State of Illinois and the Village, including but not limited to Building, Health, Housing, and Fire Prevention Codes and the Village's zoning ordinance; or
B. The applicant, or any other person who shall be directly or indirectly engaged in the management or operation of the massage establishment, is not of good moral character. In determining good moral character, the Village may take into consideration the following:
1. The applicant's conviction of a felony or misdemeanor under the laws of the United States or any state or territory thereof, or any offense directly related to the practice of the massage therapist profession;
2. The applicant or any other person has been directly or indirectly engaged in the management or operation of the massage establishment and has been found to have violated subsection 8-38-4B, D, or E of this article;
3. The applicant's massage establishment business license has been revoked by the Village of Oak Park or has had a massage establishment business license revoked by any other local governmental entity or agency; or
4. The operation of the massage establishment as proposed by the applicant, if permitted, would violate the provisions of this article or any other provision of this Code.
C. An applicant's conviction for a violation of any provision of law set forth in this section shall not be an automatic bar to a finding of good moral character unless the conviction is for: 1) any of the sex offenses contained in 720 Illinois Compiled Statutes 5/11; or 2) any provision of 720 Illinois Compiled Statutes 5/10-9 related to trafficking in persons, or if the applicant is a registered sex offender.
D. An applicant who has been convicted of a violation of any provision of law not set forth in this section may request a hearing before the Village Manager to demonstrate that he or she has been sufficiently rehabilitated to warrant the public trust. The burden of proving such rehabilitation shall be upon the applicant. (Ord. 18-382, 7-9-2018)