In addition to the requirements as set forth in this title, when the investigation reveals any of the following circumstances, the village clerk or designee shall promptly notify the applicant or license holder that the application is disapproved and that no license shall be issued or be renewed. Circumstances include, but are not limited to:
A. Location of the business does not comply with the village zoning ordinance or any other village ordinance.
B. Building or premises does not comply with the village building code.
C. Applicant/licensee or the premises do not comply with all local health, fire and safety regulations.
D. Applicant/licensee has failed to comply with any applicable provisions of this chapter.
E. Applicant/licensee has failed to comply with any applicable state law or administrative regulation, or when the applicant/licensee has failed to obtain a necessary license from the state.
F. Applicant/licensee fails to provide or maintain current licensing records.
G. Applicant/licensee refuses to allow authorized village personnel to enter the licensed premises at any reasonable hour for the purpose of making a prelicense investigation.
H. Applicant/licensee operated a business or activity in a previous year without the benefit of a license and such business or activity was required to have a license.
I. Applicant/licensee has previously been convicted of a felony or any other crime of moral turpitude, or when the applicant/licensee has unsuccessfully defended a criminal civil proceeding wherein the applicant/licensee was charged with fraud, misrepresentation, or unscrupulous business practices. However, where the conviction or unsuccessful defense occurred more than four (4) years prior to the date of application and the village clerk determines that the issuance of such license will not endanger the safety or welfare of the general public, the village clerk shall not disapprove the application solely on these grounds.
J. Applicant/licensee has been issued a liquor license for the premises as noted in the application.
K. Applicant/licensee has been convicted (including a sentence of supervision or conditional discharge) of the following offenses:
1. Any offense involving sexual misconduct with children or sex offenses as defined in 720 Illinois Compiled Statutes 5/11-6 et seq., as amended; or
2. A felony based upon conduct or involvement in such business or activity or related or similar business or activity, during the past ten (10) years; or
3. A felony unrelated to conduct or involvement in such business or activity or related or similar business or activity, but which felony involved the use of deadly weapon, violations of the cannabis control act 1 or the controlled substances act 2 or violence against another person, including rape, within the past five (5) years; or
4. A misdemeanor or licensing ordinance violation, based upon conduct or involvement in such business or activity or related or similar business or activity, within the past two (2) years; or
5. An offense in any other state, or a federal offense, the elements of which are similar and bear a substantial relationship to any offenses enumerated in this section.
L. Applicant/licensee's license issued under this chapter has been revoked for cause.
M. Applicant/licensee has been denied a massage establishment license or massage establishment license was revoked within twelve (12) months immediately preceding the date of the application.
N. Applicant/licensee is residing with, or married to, a person who has been denied massage establishment license within twelve (12) months immediately preceding the date of application, whose massage establishment license has been revoked within twelve (12) months immediately preceding the date of the application or whose massage establishment license is under suspension at the time of application.
O. Applicant/licensee is overdue on payment to the village of taxes, fees, fines, or penalties assessed against, or imposed on, any such individual in connection to any massage establishment.
P. Licensee, who at the time of application for renewal or any license issued hereunder, would not be eligible for such license upon a first application.
Q. Applicant is under the age of eighteen (18) years of age.
R. In addition to the provision stated hereinabove, no massage establishment license shall be issued or renewed under the following circumstances:
1. To a partnership, if any general partner thereof, or any limited partner owning more than twenty percent (20%) of the aggregate limited partner interest in such partnership, would not be eligible to receive a license hereunder.
2. To a corporation, if any officer or director, or any stockholder or stockholders owning in aggregate more than twenty percent (20%) of the stock of such corporation, would not be eligible to receive a license hereunder.
3. To a corporation unless it is incorporated in Illinois, or unless it is a foreign corporation which is qualified under the business corporation act of 1983 3 as amended, to transact business in Illinois.
4. To any applicant whose place of business is conducted by a manager unless the manager possesses the same qualifications required by the licensee.
5. To any applicant who is not a beneficial owner of the business to be operated by the licensee.
S. Applicant/licensee is not a United States citizen or has status as a permanent resident alien or valid work permit. (Ord. 2011-43, 9-8-2011)
Notes
| 1 | 1. 720 ILCS 550/1 et seq. |
| 2 | 2. 720 ILCS 570/100 et seq. |
| 3 | 1. 805 ILCS 5/1.01 et seq. |