Subd. 1. Business licenses. Applications for business licenses under this chapter shall be processed as follows:
a. Investigation and report. Complete applications shall be referred to the Chief of Police for investigation and to such other city departments as the City Clerk shall deem necessary for verification and investigation of the facts set forth in the application. Within 15 business days of such referral, the Chief of Police and other departments shall make a written recommendation to the City Clerk as to issuance or non-issuance of the license. The City Clerk may order and conduct such additional investigation as he deems necessary.
b. Determination by City Clerk. The City Clerk shall make the determination whether to approve or deny the license. Any denial shall be communicated to the applicant in writing, specifying the reasons for denial.
Subd. 2. Personal service licenses. Applications for personal service licenses shall be processed as follows:
a. Investigation. Complete applications shall be referred to the Chief of Police for investigation and to such other departments as the City Clerk shall deem necessary for verification and investigation of the facts set forth in the application. Within 15 business days of such referral, the Chief of Police and other departments shall make a written recommendation to the City Clerk regarding issuance of the license. The City Clerk may conduct or authorize such additional investigation as he reasonably deems necessary.
b. Determination by City Clerk. Upon receipt of the written report and recommendation by the Chief of Police and within 15 business days thereafter, the City Clerk shall make the determination whether to approve or deny the license. Any denial shall be communicated to the applicant in writing specifying the reasons for denial. The applicant may appeal this denial in accordance with the procedure specified in § 308.10.
c. Renewal. Complete applications for renewal of licenses shall be submitted to the City Clerk at least 30 days prior to the expiration of the license. The City Clerk's determination regarding approval or denial of the license renewal shall be communicated to the applicant in writing, specifying the reasons if the license is denied. The applicant may appeal the denial in accordance with the procedure specified in § 308.10.
Subd. 3. Criteria for issuance. The City Clerk shall have the discretion to consider the following in granting, denying, renewing, or declining to renew a license:
a. The character and suitability of the area in which the licensed premises is to be located.
b. The proximity of the site for the massage business to churches, schools, playgrounds, parks or other community facilities that may be adversely affected.
c. Numbers and proximity of existing massage businesses so as not to cause excessive concentration in an area.
d. Traffic congestion and parking problems.
e. False statements or representations, fraud, or deception in the license application.
f. History of violations of laws or ordinances that apply to health, safety, welfare or moral turpitude.
g. Evidence of reputation or character of applicant, deemed by the City Clerk to support a reasonable conclusion that applicant's operation of a business or performance of a licensee will not be consistent with the public health, safety, and welfare, or the requirement of this code.
h. Convictions of crimes or offenses involving sexual misconduct, prostitution, sex trafficking, or fraud.
i. Inability to provide authorization to work in the U.S.
j. Police report and/or law enforcement investigation deemed by the City Clerk to contain a credible allegation of prostitution or criminal sexual misconduct.
k. If, for a business license, the applicant or licensee has provided a copy of its sexual harassment and sexual abuse/assault policy, which is deemed by the City Clerk, to be fundamentally inadequate to prevent and protect against sexual assault and abuse.
l. Revocation or denial of similar licenses within the last five years.
m. Any other matter deemed by the City Clerk to be relevant to protection of the public's health, safety and welfare.
Subd. 4. Conditions.
a. The City Clerk, in their sole discretion, may impose appropriate additional terms, conditions and stipulations upon the business licensee or personal service license holder before granting a license application or renewing a license. An applicant has the ability to appeal any terms, conditions, or stipulations on the grant of license in accordance with § 308.10.
b. The City Council, in its sole discretion, may impose appropriate additional terms, conditions, and stipulations upon the licensee or personal service license holder, if reinstating a license after revocation or suspension, consistent with § 311.12.
(Ord. 600, passed 4-10-2023)