The Chief of Police shall issue a license for a massage establishment or a permit for a masseur or masseuse, if all requirements for a massage establishment or massage permit described in this chapter are met unless he or she finds in writing that:
(A) The correct permit or license fee has not been tendered to the town and, in the case of a check or bank draft, not honored with payment upon presentation;
(B) The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including, but not limited to the town’s building, zoning and health regulations;
(C) (1) The applicant, if an individual; or any of the stockholders holding more than 10% of the stock of the corporation, any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; or the holder of any lien of any nature upon the business and/or the equipment used therein; or the manager or other person principally in charge of the operation of the business, have been convicted of any of the following offenses:
(a) An offense involving the use of force and violence upon the person of another that amount to a felony;
(b) An offense involving sexual misconduct; or
(c) An offense involving narcotics, dangerous drugs or dangerous weapons that amounts to a felony.
(2) The Chief of Police may issue a license or permit to any person convicted of any of the crimes described in divisions (C)(1)(a) through (c) above if he or she finds that the conviction occurred at least five years prior to the date of the application and the person has had no subsequent felony convictions for crime mentioned in this section.
(D) The applicant has knowingly made any false, misleading or fraudulent statement of fact in the permit application or in any document required by the town in conjunction therewith;
(E) The applicant has had a massage business, masseur or other similar permit or license denied, revoked or suspended by a municipality or any other state or local agency within five years prior to the date of the application; and
(F) The applicant, if an individual or any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; and the manager or other person principally in charge of the operation of the business, is not over the age of 18 years.
(Ord. O-1-5-93, passed 1-5-1993)