§ 128.23 ISSUANCE OR DENIAL OF LICENSE APPLICATIONS.
   (A)   Upon receipt of an application for a certified massage therapist or massage therapist in training license, the Village Clerk shall refer a copy thereof to the Village Police Department for review and investigation, and the Village Police Department shall submit its report of such review and investigation to the Village Clerk within 30 days of the Village Clerk's receipt of such application. The applicant shall also sign a written consent in such form as is approved from time to time by the Village Manager to the conduct of the investigations and inspections by the Village Police Department contemplated hereunder. Within 30 days of receipt of an application for a certified massage therapist or massage therapist in training license, 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. Any notice that an application is denied or held for further review shall state the reasons therefor. The period of further review shall not exceed an additional 30 days unless agreed to by the applicant. Upon 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. An application shall be granted if the application, materials submitted in support thereof, and the report of the Village Police Department thereon demonstrate that the application conforms to the provisions of this chapter. Every certified massage therapist or massage therapist in training license issued pursuant to this chapter 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 proration of fees 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.
   (B)   An application for a certified massage therapist license or massage therapist in training license shall be denied if it is found that:
      (1)   The grant of the license sought by the applicant 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)   The applicant 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 of persons engaged in the provision of massages, the 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 of the Village Code of Ordinances, 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;
         (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)   The applicant is under 18 years of age;
      (4)   In the case of a renewal application, the applicant would be ineligible for the issuance of an original license;
      (5)   The applicant has previously had a license issued under the provisions of this chapter revoked pursuant to the provisions of this chapter;
      (6)   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)   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.
(Ord. 97-01, passed 10-3-01)