(A) Every applicant for a license to maintain, operate, or conduct a massage establishment shall file an application in duplicate with the Village Clerk upon a form provided by the Village Clerk, as the same may be approved or revised from time to time by the Village Manager, and pay a non-refundable application fee of $50, plus the actual cost of processing the fingerprints required by this chapter to the Village Clerk. Upon approval of a license application, the applicant shall be required to pay an annual license fee of $100.
(B) The Village Clerk shall, upon receipt of a massage establishment license application, refer copies of such application to the Community Development Department, Fire Department, and Police Department. The appropriate departments shall inspect the premises proposed to be operated as a massage establishment, make an investigation of the application and the applicant, and make written recommendations to the Village Clerk concerning the conformity of the proposed applicant's massage establishment to the provisions of this chapter, other applicable village ordinances, and federal or state law.
(C) Within 30 days of receipt of the recommendation of the aforesaid departments, the Village Clerk shall notify the applicant in writing by certified mail, return receipt requested, that the application is granted, denied, or held for further review. The period of such additional review shall not exceed an additional 30 days unless otherwise agreed to by the applicant. Upon the conclusion of such additional review, the Village Clerk shall advise the applicant in writing by certified mail, return receipt requested, whether the application is granted or denied.
(D) Whenever an application is denied or held for further review, the Village Clerk shall, in the writing informing the applicant thereof required by division (C), advise the applicant of the reasons for such action. An application shall be denied by the Village Clerk if it is found:
(1) That the operation of the massage establishment proposed by the applicant in the massage establishment license application would not conform to or comply with applicable federal or state laws, with the provisions of this chapter, or with the provisions of other applicable ordinances or regulations of the village;
(2) That the applicant and/or any other person who will be directly or indirectly engaged in the management and operation of a massage establishment has been convicted of or entered a plea of guilty or no contest to:
(a) Any violation within the past ten years of the laws, ordinances, or regulations of the United States, any state, or any local government entity pertaining to the licensing or operation of any massage establishment, the licensing or professional conduct of business as a massage therapist, or the provision of massages;
(b) Any felony offense under the laws of the United States or any state within the past ten years involving the use of any deadly weapon, physical force, or violence directed toward another person, or the possession or use of narcotics, drugs, or controlled substances;
(c) Any violation within the past ten years of the laws, ordinances, or regulations of the United States, any state, or any local government entity pertaining to the commission of any act that constitutes or would constitute a violation of any of the provisions of Article 11 of the Illinois Criminal Code of 1961, as amended, or of the provisions of Ch. 133, as amended, or of any violation of the aforesaid laws, regulations, and ordinances within the aforesaid time period that constitutes or would constitute the conspiracy or attempt to violate such laws or a solicitation of any other person to commit a violation of such laws;
(d) Any violation of the provisions of this chapter; or
(e) Any violation within the past five years of the laws, ordinances, or regulations of the United States, any state, or any local government entity pertaining to the commission of any act involving any element of fraud, false statement, dishonesty, perjury, deceit, or other moral turpitude.
(3) That the applicant is under 18 years of age;
(4) That in the case of a renewal application, the applicant would be ineligible for the issuance of an original license;
(5) That the applicant has previously had a license issued under the provisions of this chapter revoked pursuant to the provisions of this chapter;
(6) That the applicant has submitted an incomplete application or refused to provide information required by the application form, and has failed to correct or cure the same within ten days of the date of a written notice to the applicant informing the applicant thereof;
(7) That the applicant has made any false statement or material misstatement or omission of fact in connection with the application, or has provided false or materially misleading information in connection with the application;
(8) That the applicant does not beneficially own or have a leasehold interest in the premises from which the proposed massage establishment is to be operated;
(9) That the applicant has not been issued a license as a certified massage therapist under the provisions of this chapter;
(10) That the massage establishment is to be conducted by an agent or manager, if the agent or manager lacks the same qualifications required of the applicant as a licensee;
(11) That if the applicant is a partnership (including any limited or limited liability partnership), any partner thereof would fail to qualify for the issuance of a massage establishment license under the provisions of this chapter;
(12) That if the applicant is a corporation, any director, officer, or shareholder holding more than 5% of the shares of the applicant then outstanding would fail to qualify for the issuance of a massage establishment license under the provisions of this chapter; or
(13) That if the applicant is a limited liability company, any manager or member thereof would not qualify for the issuance of a massage establishment license under the provisions of this section.
(E) Every massage establishment license issued pursuant to this section shall be issued for the balance of the calendar year and shall expire on December 31 of the same year, unless sooner suspended or revoked. No prorations of the appli- cation or annual license fees set forth in this section shall be made. Renewal applications shall be applied for and processed on the same basis as original license applications, but shall be submitted not later than October 15 of the year in which the then-issued license shall expire.
(Ord. 97-01, passed 10-3-01)